In Conversation With IPR & Competition Law

In this episode, Isheta Boruah and Udita K Chavan dive deep into the complex debate surrounding Hayao Miyazaki, Studio Ghibli, and the growing concerns over AI-generated art. As AI models increasingly mimic the iconic Ghibli style, the conversation unpacks critical questions: Where does inspiration end and infringement begin? How do we protect artistic integrity in the age of machines? With thoughtful analysis and real-world examples, Isheta and Udita explore the thin line between homage and theft, creativity and copyright — all through the lens of one of animation’s greatest living legends.

Dive into our latest episode with Biz Internaglo as we uncover the essential legal insights every creator needs to navigate the digital landscape. From fair contracts to equitable remuneration, the need for transparency, rights retention, and financial support in agreements with producers, record labels, and publishing companies. We’ve got you covered! Tune in now.

In this episode, our Founder and Host Aditya Trivedi hosts Ms. Anupam Sanghi, Managing Partner, Anupam Sanghi & Associates, New Delhi. They discuss the proposed digital competition law in India, takeaways from Europe's Digital Markets Act and ex-ante jurisprudence of India, EU and UK. They also discuss how courts can balance ex-ante regulations. Ms. Sanghi also mentions her White Paper on Digital Market Regulations published via her policy think tank Tech Bridge.

Welcome to the Part 2 of Competition law roundup for India in 2024, where our Founder and Host Aditya Trivedi talks with Lagna Panda, Counsel, P&A Law Offices, New Delhi on the competition regime of India with a rapid fire in this episode. Tune in and stay connected.

In this episode, Aditya Trivedi, Founder and Host of the podcast discusses with Lagna Panda, Counsel, P&A Law Offices, New Delhi on various major events in competition law in 2024. Amendments in Indian Competition Law along with change in various rules, regulations and their public consultations caught the major attention of Competition Commission of India and Indian competition fraternity. They discussed major deals, important antitrust cases, advocacy and Competition policy. There is a Part 2. Stay tuned.

In this episode, Prof. Florence Thepot discusses with Aditya Trivedi nuances of Interlocking directorate and Competition law. They discuss the key distinctions between the concepts of common ownership and interlocking directorates, their treatment in EU and US, potential tensions between corporate governance and competition law, antitrust agencies and balancing potential efficiencies of interlocks in detail. They also discuss the definition of control in EUMR and comparative analysis of interlocks in global jurisdictions.

In this episode, Prof. Nikhil Naren interacts with Isheta Boruah on Dark Patterns: Regulatory frameworks and ethical design. They discuss how dark patterns challenge traditional consumer protections laws; provisions aimed at regulating dark patterns, notable examples and how do they exploit user behaviour. They discuss the role of ethical design principles in mitigating dark patterns and how do dark patterns impact intellectual property rights. There are notable projects like Dark Patterns Project. They also discuss self-regulation, ethical implications of using dark patterns, importance of user education, legal precedents and challenges of implementing regulations and their redressal.

In this episode, Prof. Henning Grosse - Ruse Khan interacts with Isheta Boruah on digital platform power, automation and global intellectual property protection. They discuss the importance of digital platform power and its significance in today's economy; how automation has changed the way IP is created; IP ownership in AI generated content. They discuss the role of algorithms; how small content creators can protect their IP from large digital platforms, current international statutes in governing IPR in automated digital platforms etc.

In this episode, Aditya Trivedi and Ritika Ghosh engage Prof. Dario Neto in a thought-provoking conversation on digital market regulation in Brazil. Together, they navigate the intricate landscape of laws, challenges, and the path forward, drawing insightful parallels with India's evolving perspective on digital governance. A captivating exploration into shaping the future of digital economies.

In this final episode of three part series with Mr. Alexei Ghertescu, Aditya Trivedi discusses with him some concepts of competition law and his views. They discuss competition compliance for businesses; enforcement tools to investigate anti-competitive practices; merger control; leniency programs and their effectiveness to detect and deter cartels. Finally, they discussed consumer welfare which is often cited as a primary objective of competition law.

In this episode, Aditya Trivedi discusses with Mr Alexei Ghertescu, Hon'ble Chairman, Moldovan Competition Council about the challenges faced by small competition agencies like Moldova. They discuss resource constraints, need for inter-agency cooperation, changes after prospective accession to EU, etc. This episode highlights the differences in approach of supranational antitrust agencies and national agencies, importance of inter-agency working groups, international competition network, etc.

In this episode, Aditya Trivedi discusses with Mr. Alexei Ghertescu, Chairman, Moldovan Competition Council on Moldova's EU Accession and Competition Regulations of the jurisdiction. They discuss basic features of the competition law of Moldova, and the decision of Moldova's accession to the EU, its impact on competition regulations, challenges in the process etc. They discuss a great detail on state aid legislation and jurisdiction of the Council on public authorities. Hon'ble Chair also mentioned how he utilizes his experience of being a lawyer and academician in his current role as an enforcer.

In this podcast with Mr. Anshuman Sakle, Partner at Khaitan & Co, Aditya Trivedi and Ritika Ghosh, explore the dynamic nexus of private equity and competition law. Delving into the nuanced challenges of regulatory advancements, common directorships, merger control and enforcement hurdles faced by PE firms. Insightful discussion with Mr. Sakle where he walks through on navigating this complex landscape vis-a-vis shedding practical light on the process and regulatory protocols.

In this episode, Aditya Trivedi interacts with Mr Arjun Nihal Singh, Partner designate, Luthra and Luthra Law Offices India on Cartels and Leniency from a practitioner's point of view. The conversation includes practical insights into cartel cases, investigations, compliance, advice to businesses etc. They discussed the draft regulations by CCI on Lesser Penalty (including Leniency Plus); global collaboration between competition authorities; landmark cases on cartels and their status; digital markets and cartels; cross border cartel investigations; hub and spoke cartels and CCI's investigations and market study in cement sector.

In this episode, Pablo Trevisán, Former Commissioner, Argentine Competition Commission, interacts with Aditya Trivedi on the pitfalls of Antitrust Enforcement and overview of Argentine competition law. They discuss the functioning of the National Commission for Competition Defense, Argentina and institutional setup of Defence of Competition (LDC) in Argentina. He explains what he considers as 'pitfall' with respect to antitrust enforcement and to what extent and by what means they are curable. They also discuss ex-post assessment of merger remedies, challenges and balance needed. He lastly commented on the antitrust enforcement regime in Argentina and the need for reforms.

In this episode, Mr. Akshayy S Nanda, Partner, Saraf and Partners, interacts with Aditya Trivedi on India's latest Digital Personal Data Protection Act, 2023 and its interface with competition laws. They discuss the salient features of the legislation, Supreme Court's verdict on right to privacy; legislative history of the Act; comparison with Europe's GDPR; expected government regulations; and finally its interplay with competition laws, jurisdiction overlaps between CCI and the Proposed Data Protection Board, et al.

In this episode with Mr. Michele Carpagnano, Head of Antitrust Practice, Dentons, Italy, strike an interesting conversation with Aditya and Ritika, the hosts, on Foreign investment screening laws in the lens of national security risks, interacting closely with competition law. He highlights, FDI regulation involves scrutiny in Europe, cooperation among member states, and a delicate balance between openness and safeguarding strategic interests. He answers on intersection of FDI screening and merger control necessitates cooperation to address security concerns and maintain fair competition. Takeways on Tightening national investment screening will impact FDI inflows, requiring a careful balance between security and economic openness.

In this episode, Mr. Gene Burrus, US based Competition Attorney and Former Director of Spotify's Global Competition Policy interacts with Aditya Trivedi and Rishika Jain on 'Competition law in Digital Markets: Changing Dynamics'. They discuss briefly the American Innovation and Choice Online Act. Further, practices like self-preferencing, data portability, cases of FTC, network effects and market power of digital platforms, AI and Blockchain, data and antitrust were discussed in detail from a global and American antitrust viewpoint.

In this episode, Dr. Assimakis Komninos, Partner, White & Case, Brussels discusses with Aditya Trivedi and Ritika Ghosh about Antitrust and Populism - Emerging Global trends. They discuss the evolving relation between populism and antitrust in today's global landscape. Dr. Komninos, drawing on his extensive research and expertise, shed light on the influence of populist movements and political pressures on antitrust decisions in different jurisdictions, providing notable examples of how these forces shape policies and enforcement. Populist sentiments were shown to particularly target big tech companies, raising concerns about their market power and influencing the regulatory landscape in the digital sphere. Dr. Komninos also emphasized the tension between economic theories and populist-driven policies, examining how regulators navigate these challenges. Dr. Komninos shared insights into the European Union's response to populism in its competition policy. Looking ahead, the discussion pondered the most pressing issues at the intersection of antitrust and populism in the coming years.

In this episode we have Niharika Salar who is a PhD Candidate at Queens University, Belfast who formerly served as an Assistant Professor of Law at NALSAR Hyderabad discusses with Isheta and Sonal about Intellectual Property within cultural appropriation; Beyond IP, what are some other ways in which cultural appropriation harms a cultural identity; Protection the indigenous people can rely on from the current IPR regime, and the gaps in the regime where it fails; Concept of the 3 C’s of IPR developed by the Cultural Intellectual Property Rights Initiative, which talks about consent, credit and compensation; et al.