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Karishma...: An IP sleight-of-hand,
surely |
By
the time you read this, the Supreme Court would have either struck
a blow for intellectual property rights, or set a precedent for
pirates to cite in their defence. On August 4, around the time this
magazine hits the stands, the court will hear New York-based author
Barbara Taylor Bradford's appeal challenging the Calcutta High Court's
order of July 21 that allows Sahara Media Entertainment to air its
Rs 60-crore magnum opus Karishma-A Miracle of Destiny. It has been
Bradford's concession all along that the serial is based on her
work, A Woman of Substance. The High Court, in its July 21 order,
observed that Indian copyright law did not protect basic plots and
characters and that the only material for the petitioner's suit
was an interview with the director of the serial Akashdeep Shabir
where he said the serial was based on A Woman of Substance. On the
strength of the court's order Sahara resumed telecast of the serial-the
first episode was aired a good two months back, on May 12. If the
apex court upholds the High Court's order, this writer proposes
to tap the opportunities presented. J.K. Rowling, here I come.
-Shailesh Dobhal
The
End Of One-Man Show
A board-run SEBI should prove more effective.
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G.N. Bajpai: Power reforms |
Ever
since it was set up in 1988, the Securities and Exchange Board of
India has been a one-man show. Its Chairman-and it has had quite
a few powerful personalities, including S.A. Dave, G.V. Ramakrishna
and D.R. Mehta-is not just its face, but also its key administrator,
deciding on both policy and operational issues. It wasn't unusual
for the chairman to personally sit in on hearings of cases being
investigated.
All that is going to change. The recent revamping
of the SEBI Act, 1992, has put two full-time directors, A.K. Batra
and T.M. Nagarajan, on the Board (earlier except for the chairman,
the other board members were part-time), and given them adjudicating
powers. Under the new set up, Batra will look after corporate finance,
investment management and corporate restructuring, and takeover
code. Executive Directors C.K. Das and R.S. Loona will report to
him. Nagarajan, on the other hand, will handle market intermediaries
regulation and supervision department (MIRSD), derivatives and new
products, integrated surveillance and investigation. EDs Pratip
Kar and C.S. Kahlon will report to Nagarajan. Says G.N. Bajpai,
Chairman, SEBI: "This will free me up to look at macro issues
and be an effective regulator.''
Not only does SEBI now become a board-run organisation,
but resolution of cases will no longer be dependent on just one
man's schedule. Says L.C. Gupta, former SEBI board member: "SEBI
should not be a one-man show. The organisation can grow only if
the Chairman has good lieutenants." Obviously, Bajpai has already
got the message.
-Roshni Jayakar
EXECUTIVE
TRACKING
Adidas Adieu...
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Tarun Kunzru: Footing it |
...not quite, but Pepsi-alum Tarun Kunzru,
the current Managing Director of Adidas India is moving on. The
44-year-old former first-class cricketer-he represented Karnataka
in the mid- and late-70s -is probably headed for an international
posting within the Adidas family. The buzz is that Harish Doraiswamy,
now Director, Marketing of the company will step into Kunzru's shoes.
That'll require some nifty footwork: despite Kunzru's best efforts
Adidas remains #3 in what is essentially a field of three.
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Syeda Imam: Sorely missed |
Creative Vacuum
In March this year, Contract's National Creative
Director and Indian advertising's grand old dame Syeda Imam moved
on to JWT. Since then, the agency has soldiered on with no national
creative director. Although, the agency's President, Colvyn Harris
rules out a "creative hunt", we learn that the agency
was keen on hiring Bobby Pawar, a former employee of O&M's Big
Apple branch, and now a gun-for-hire as Imam's replacement. That
deal, it would now appear, has fallen through. Not that we blame
Harris for keeping mum. With due apologies to Einstein, creativity
is about knowing how to hide your sources.
Great Scope
As far as moves go, this must be the one of
the fortnight. Not too long ago, Arvind Kathpalia was the general
manager of Scope International, Standard Chartered's shared services
back-end in Chennai. Now, as Head (Operations, Technology and Finance),
Kotak Mahindra Bank, he is #2 to Executive Director Deepak Gupta.
Clearly, Stanchart's loss is Kotak's gain.
-Moinak Mitra
DASH
BOARD
A+
We knew he'd be back, but didn't expect the bang to be as loud.
Arnold Schwarzenegger's T-3: Rise of The Machines smashed box office
records in India with takings of $1 million (Rs 4.7 crore). No boy
wizards for us please, we're Indian.
C-
We're hard pressed to put a motive to the finance ministry's recent
decision to disallow corporates from borrowing amounts higher than
$100 million (overseas). ICICI's application to raise $300 million
was, naturally, rejected by the ministry. This intervention, sadly,
takes away some of the sheen from Jaswant Singh's reformist credentials.
ONE-FOR-ALL
Unified Pangs
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TRAI's Baijal: En Garde! |
We like Pradeep Baijal, the feisty telecom
regulator who cut a wide swath in his earlier posting as a Secretary
in the Department of Disinvestment. But we don't like his recent
push for a unified cellular-plus-basic telecom licence. Reason?
The unification is not to pave the way for next generation networks,
lower end-user cost, increase tele-density, or break a monopoly
or a cartel-all sound reasons to issue a new licence-but to end
the litigation between the rival GSM (mobile) and CDMA (mobile in
'basic' guise) camps. Baijal believes this is the only "pragmatic"
solution to the issue. India's cellular operators, themselves the
beneficiaries of similar intervention when the government okayed
their move to a revenue-sharing regime (from a fixed-licence fee
one) in 1999, are up in arms against what they see as an effort
to legitimise the entry of basic telephony companies into the mobile
arena. Even ignoring that, there are issues such as recompensing
existing licence holders and the scope of unification that need
to be worked out. It doesn't work Mr. Baijal.
-Vandana Gombar
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