Publication

Call for Papers: Inaugural Volume of the Intellectual Property Review, NUALS Kochi; Submit by January 16, 2018

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We’re pleased to announce that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies (NUALS), Kochi is inviting submissions on the contemporary issues related to intellectual property rights for publication in the inaugural volume of the The Intellectual Property Law Review. For further details, please read the call for papers below: Centre for Intellectual Property Rights The Intellectual Property Law Review Call for Papers Vol. I The Centre for Intellectual Property under the aegis of the National University of Advanced Legal…


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Designs Overlaps in IP Trademark

Delhi HC Deals with Yet Another Design-Trademark Overlap!

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IP overlaps take place when multiple overlapping IP rights vest in an owner for a single subject matter. These overlaps have given way to numerous debates regarding over-protection, policy implications, statutory interpretation  and many more issues. (To get a better understanding of the same, do refer to Prof. Basheer’s chapter in Overlapping Intellectual Property Rights.) Design-trademark overlaps, in particular, have had an interesting history in Indian litigation. A recent decision of the Delhi HC yet again brings these overlaps to the fore. In…


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Others

SpicyIP Events: Workshops on Patent Strategies in Europe for Pharma & Biotech [January 15-16, 2019; Ahmedabad & Hyderabad]

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We’re pleased to announce that Boehmert & Boehmert, Patent & Trademark Attorneys, Germany will be conducting workshops on Patent Strategies in Europe For Pharma & Biotech on January 15, 2019 in Ahmedabad and on January 16, 2019 in Hyderabad. For further details, pl read below: Patent Strategies in Europe For Pharma & Biotech Workshops by Boehmert & Boehmert Patent & Trademark Attorneys Germany Boehmert & Boehmert, Patent & Trademark Attorneys, Germany will be holding workshops on Patent Strategies in Europe For…


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SpicyIP Weekly Review (November 26-December 2)

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Prashant wrote a post about the impact of India’s biodiversity laws’ impact on scientists and businesses. After tracing the history of the biodiversity laws that we see today, he argues that the legislation should be repealed because it opens the door for arbitrary enforcement against businesses and impedes research efforts by scientists. Pankhuri informed us of the invitation for applications for the CLPR Equality Fellowship with the Centre for Law and Policy Research. The fellows will be expected to engage…


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Biological Diversity

India’s Biodiversity Law Has Turned Out to Be a Nightmare for Scientists and Businesses – Parliament Should Repeal It

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Earlier this year, a group of primarily Indian scientists stirred a pot a bit when they published a piece in Science on how the Convention of Biological Diversity (CBD) is a ‘cure’ that ‘kills’ because it has made biodiversity research quite complicated. The argument put forth by these scientists is that the CBD was inspired by unrealistic expectations regarding the commercial value of their biological resources and that the fences erected by national legislation (in pursuance of the CBD) have…


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Others

SpicyIP Jobs: The CLPR Equality Fellowship; Application Deadline Extended to December 30, 2018

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We’re pleased to announce that the Centre for Law and Policy Research (CLPR) is inviting applications for the CLPR Equality Fellowship. The deadline for applications is December 30, 2018 (edited). For further details, please read the call for applications below. Call for Applications: The CLPR Equality Fellowship CLPR focuses on addressing discrimination at the intersections of caste, gender, sexuality, and disability and other minorities through law. As a part of this work, we are excited to announce The CLPR Equality Fellowship….


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SpicyIP Weekly Review (November 19-25)

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Divij analysed the approach of the Delhi HC towards intermediary liability in its recent ruling in Loreal v. Brandworld. This post is a continuation of his commentary on the same topic in a previous post on Christian Louboutin v Nakul Bajaj. In his post, he first lays out when an e-commerce platform becomes an intermediary and when it can claim safe harbour under Section 79 of the IT Act. He then goes on to conclude that the Delhi HC does not give adequate…


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Copyright Trademark

The Rihanna-Trump Showdown and The Use of Music in Political Campaigns

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This month saw a highly publicised altercation between pop queen Rihanna and US President Trump.  She called out the President for playing her popular hit song “Don’t Stop the Music” at his rally. In her cease-and-desist letter, Rihanna’s legal team specified that the idol’s consent should have been taken before playing her song at the rally. The issue, however, is more complicated than the simple matter of the artist’s consent to such usage and has been highly debated in the past….


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SpicyIP Events: Protection and Enforcement of GIs in India, EU and Italy [Nov. 26, 2018; New Delhi]

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We’re pleased to announce that on the margins of the Third World Week of Italian Cuisine (November 20-26) in India, the Embassy of Italy in collaboration with K&S Partners, is organizing a half-day seminar on geographical indications (GIs) on Monday, November 26, 2018 in New Delhi. The seminar intends to look at practical issues concerning the protection and enforcement of GIs in India, European Union (EU) and Italy. For further details, please read below: Seminar Title: Protection and Enforcement of GIs in…


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Trademark

Delhi High Court Examines Intermediary Liability for Trademark Infringement (Part – II)

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In my previous post, I broke down Ms. Justice Prathiba Singh’s recent judgement in Christian Louboutin v Nakul Bajaj, and noted its importance for intermediary liability and e-commerce players in India. In this post, I examine the Court’s approach towards intermediary liability, and attempt to outline what exactly the judgement means for e-commerce platforms. (Update: On November 12, the Court also made a similar ruling on similar facts in L’oreal v Brandworld, relying upon its earlier judgement in Christian Louboutin.)…


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