Here is our recap of last week’s top IP developments including summaries of posts on the WIPO’s latest Treaty on IP, Genetic Resources and Associated Traditional Knowledge, agreements between EShodhSindhu and different publishers, Calcutta High Court’s decision in the Vodafone v. Saregama case, Delhi High Court’s decision in the Jackie Shroff personality rights case. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week  Finally, WIPO Adopts a Treaty on IP, Genetic Resources and Associate ..read more

On the recent Calcutta High Court’s decision (Vodafone v. Saregama) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous posts can be found here. Image from hereSweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Auth ..read more

On the licensing agreement between publishing houses- Oxford University Press and Taylor & Francis and the government run digital consortium E-ShodhSindhu, we are pleased to bring to you this guest post by Prashant Reddy T., explaining how this agreement may technically give the publishing houses what they wanted through the decade old DU photocopy case. Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here). He is also the co-author of two books- “Create, Copy, Disrupt: India’s Intellectual Property Dilemmas” (OUP, 2017) and “The Truth Pill: The Myt ..read more

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week  Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. O ..read more

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous posts can be found here.] Image from here The fashion industry will never go out of business! In 2022, the size of the domestic textile and apparel industry was estimated at a whooping $125 billion. Players in the fashion industry benefit largely from IP rights over their trade names through trademarks, drawings through copyrights and garments thro ..read more

Here is our recap of last week’s top IP developments including summary of the post on DHC’S observation in Sun Pharma v. Dabur India. Anything we are missing out on? Drop a comment below to let us know. Highlight of the Week Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements The DHC’s observation about the Applicant’s responsibility to serve the Counter Statements instead of the TM Registry is perhaps one of the most under-discussed aspects of the Sun Pharma v. Dabut case. Highlighting the legislative history behind th ..read more

Here is our recap of last week’s top IP developments including summaries of posts on the DHC’s decision in Natco v. Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. Asst. Controller of Patents. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination? The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Critiqu ..read more

Here is our recap of last week’s top IP developments including summaries of posts on the Ericsson- Lava SEP dispute, disclaimed trademarks, and impact of patents on innovation in academia. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Some Thoughts on the “Fairness” of the Delhi High Court’s Ericsson-Lava FRAND Determination- Part II Continuing their discussion on the DHC Ericsson- Lava decision, Swaraj and Praharsh critique the reasons (and lack thereof) in the Judgement along with the issues in adopting the global FRAND rate by the Court. Don’t ..read more

Here is our recap of last week’s top IP developments including summaries of posts on the Ericsson- Lava SEP dispute, unauthorized use of protected material to train Gen AI, and CGPDTM’s call for feedback on IP administration in India. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Looking for the Reasons in the Delhi High Court’s FRAND Determination in the Ericsson- Lava SEP Case- Part I Images from here and here The Ericsson-Lava SEP decision has been big news all around! Big on damages (244 crores!), big in length (476 pages!), but ..read more

Image by storyset on Freepik In a welcome move, the office of Controller General of Patents, Designs and Trademarks (CGPDTM) has invited feedback on IP administration in the country by CGPDTM, and the Copyright and GI Registries. For this, the Office has released a 6 page questionnaire on April 15 and has kept April 22 11:59 PM as the deadline to share the responses to this questionnaire. The questionnaire specifies that the feedback will be kept confidential and only the aggregate data from the survey will be used by the Office.  The questionnaire is divided into the following 5 Sec ..read more