SpicyIP - CopyRight
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SpicyIP is exclusively on intellectual property rights issues in the form of news updates, case analyses, legal discussions, policy recommendations and IP related events.
SpicyIP - CopyRight
1d ago
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
SpicyIP - CopyRight
1w ago
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
SpicyIP - CopyRight
2w ago
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
SpicyIP - CopyRight
2w ago
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
SpicyIP - CopyRight
3w ago
Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Anything we are missing out on? Drop a comment below to let us know.
Highlights of the Week
EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System
Image from here
One of the highlights of the India-EFTA TEP ..read more
SpicyIP - CopyRight
3w ago
Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. The authors are third year students at the Hidayatullah National Law University, Raipur.
Training GenAI: Infringement or Fair Use?
By Goutham Rajeev and Vedant Bharadwaj Singh
A recent public response by OpenAI’s CTO (Chief Technical Officer) on the data sources used by them to train their new text-to-video AI engine known as Sora has reignited the discussion on the use of copyrighted material to train Gener ..read more
SpicyIP - CopyRight
1M ago
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In Addala Sitamahalakshmi vs State Of Andhra Pradesh, the Andhra Pradesh High Court held that no copyright vests in mathematical and science textbooks. It also observed that ‘educational use for the benefit of students and educational institutions’ is covered under ‘fair use’. I argue that the reasoning used to reach the above conclusions is both problematic and incomplete. The HC fails to take into account the relevant facts of the case in deciding the present case. In this post, I will highlight the shortcomings in the judgement and its (minimal) potential for b ..read more
SpicyIP - CopyRight
1M ago
[This weekly review is co-authored with SpicyIP Intern Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore. His previous post can be accessed here.
Here is our recap of last week’s top IP developments including summaries of posts on the Delhi High Court’s decisions in Sulphur Mills v. Dharmaj Crop Guard and Kudos Pharma v. Natco. Along with this dont forget to read our review of SpicyIP posts published in the month of February, from 2005 onwards. This and a lot more in this week’s weekly review. Anything we are missing out on? Drop a comment below to let us know.
Hi ..read more
SpicyIP - CopyRight
1M ago
Here is our recap of last week’s top IP developments including summaries of posts on the DHC directives to resolve issues arising out of TM registry website, DHC decision on non literal patent infringement, and Govt. of Goa’s circular on 52(1)(za). Anything we are missing out on? Drop a comment below to let us know.
Highlights of the Week
Delhi High Court Imposes Damages Worth INR 244 Crores on Lava in the Ericsson-Lava SEP Dispute
In an important SEP development this year, DHC imposed INR 244 Crores in damages on Lava in its 9-year-old SEP dispute with Ericsson. Read on to know more!
An End ..read more
SpicyIP - CopyRight
1M ago
Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know.
Highlights of the Week
A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part I
Image: Sketchplanations
In this two part post on the recent amendments to the Patent Rules, Swaraj and Praharsh assess the i ..read more