We’re pleased to bring our readers Part 2 of the series by Surabhi Pande and Devvrat Joshi looking at the proposed draft amendments to the IT Rules, 2021. The first part looked at two specific proposed provisions and argued that they would impact the ability of intermediaries to avail safe harbour provisions. This second part continues the analysis of the draft amendments, looking at some of the remaining provisions and takes issue with the lack of clarity. Readers may be…

The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

by SpicyIP June 27, 2022

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We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions. Surabhi Pande and Devvrat Joshi are both Senior Associates in the Dispute Resolution Team at Saikrishna…

Design

Book Release: The Finished Article: Essays on Indian Designs Law

by SpicyIP June 27, 2022

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We’re pleased to bring to you a guest post by Eashan Ghosh on his second book, recently released titled “The Finished Article: Essays on Indian Designs Law”. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page. He has written several guest posts for us in the past as well,…

Patent

Compulsory licensing for expensive medicines: KCE report

by Aparajita Lath June 22, 2022

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The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. This report comes at an opportune moment. Public attention for intellectual property rights and the role it plays in the pharmaceutical sector has significantly revived due to Covid 19. The report does not focus on compulsory licenses (CLs) in emergency situations (like the Covid pandemic), but on the potential to use compulsory licenses for ‘excessively priced’ medicines outside of emergency situations. Ordinarily,…

Others

IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

by Swaraj Paul Barooah June 19, 2022

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Image of "speech" in jail bars, and a stick figure writing a letter, with the words "Write to Free Speech"

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure. For a general introduction to this IP Reveries series, please check the…

Others

Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

by Mathews P. George June 19, 2022

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Justice Pratibha Singh of the Delhi High Court, vide judgment dated 3 June 2022 in Vishal Pipes Limited v. Bhavya Pipe Industry, held that all the IPR disputes, irrespective of their valuations, should be listed before the commercial district court judges. If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not. If the valuation is found to be below 3 lakhs rupees, the suit will be treated as a…

COVID-19 Patent

Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)

by Praharsh Gour June 17, 2022

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After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it. While multiple detailed assessments of this Draft Decision are due in course, I’ll quickly highlight a few key pointers which stand out (for better or worse) Footnote 1: Defines ‘eligible Members’ to…

Others Trademark

Of cosmetics, insolvency and trademarks

by Aparajita Lath June 17, 2022

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As reported, Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. From offering vegan nail polishes, to natural lipsticks and lip balms, to entering into foreign collaborations, a lot is going on in the Indian cosmetics space. It may…

COVID-19 Others Patent

Strong Statement by India at the 12th WTO Ministerial Conference

by Swaraj Paul Barooah June 15, 2022

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In an official statement at the 12th WTO Ministerial Conference, that was both blunt and sharply worded, India’s Union Minister Piyush Goyal quite openly called out the developed nations on at least three major points: 1) diluting the “TRIPS Waiver” to the extent that its little more than existing compulsory licensing provisions; 2) their delaying tactics over the waiver; and 3) as well as their attempt to portray themselves as caring for the developing world while actually hardly moving the…

Others

Algorithmic Transparency and the Smart State

by Aparajita Lath June 13, 2022

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While the Joint Parliamentary Committee (JPC) released its much-awaited report on a sparkling new data protection legislation late last year, as reported, the bill may be scrapped for a completely new law. The personal data protection bill had created significant buzz in the industry and society. So much so, the JPC received feedback from over 200 stakeholders representing a cross-section of society. After years of consultations from 2018 onwards, the bill transformed from a ‘Personal Data Protection Bill’ to a…

Shobhit { Mathews, on your point (i), the point is not over-valuation or under-valuation anymore, but correct valuation. If a brand owner 'correctly values' its IP, for perhaps 98% of... }
Mathews P. George { Thanks for the comments. i) It is not clear as to how this judgment will lead to over-valuation and flooding of cases in the high court. The more... }
Priya Sharma { I wasn't aware that one protects the design of the jewellery by copyrighting it. I think this will really make it possible for one to understand the importance... }
Akeo Blockchain Development { Hi Adarsh, Thanks for the information, very insightful post with clarity. Keep-up the good work }
Tom Bale { Thank you so much for the post you do and also I like your post. Now a days trade mark registration is on demand as people need this... }

De-Coding Indian Intellectual Property Law

The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

Book Release: The Finished Article: Essays on Indian Designs Law

Compulsory licensing for expensive medicines: KCE report

IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)

Of cosmetics, insolvency and trademarks

Strong Statement by India at the 12th WTO Ministerial Conference

Algorithmic Transparency and the Smart State