Biological Diversity

The New (Draft) Access and Benefit Sharing (ABS) Guidelines – Part I


In this post, I intend to share my views on the draft “Guidelines on Access to Biological Resources and Associated Knowledge and Equitable Sharing of Benefits Regulations, 2019” (draft ABS Regulations, 2019). As many may be aware, the previous version of the same guidelines was issued in 2014, viz., ABS Regulations, 2014. The draft ABS Regulations, 2019, is intended to replace the earlier version and was put up for comments earlier this year. The topic is a little dated, but…


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Designs

Design Rights: Originality to Remain the Sole Criterion ? – India and the EU


We’re pleased to bring to you a guest post by Mathangi K. Mathangi is a second year law student at Gujarat National Law University, Gandhinagar. Design Rights: Originality to Remain the Sole Criterion ? – India and the EU Mathangi K The origin of the term “industrial design” can be traced back to the 20th century German architect Peter Behres, who has been hailed to be the first industrial designer in the world. The concept of “industrial design” as an…


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Trademark

Sale of the ‘.org’ Domain Registry Sparks Concerns About Privatisation of the Internet Commons


The administration of the World Wide Web’s ‘.org’ domain registry has been handed over from a non-profit organisation to a private equity organisation, sparking concerns and backlash about the privatization of internet commons and possibly increased censorship owing to the change in the non-profit status of the domain name registrar. Domain name registrars are responsible for the allocation of domain names (the naming system of the world wide web) and also set the policies for acceptable uses of Top Level…


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Trademark

Charminar Case by the Indian Supreme Court in 1996 and the AG’s Opinion in Sky v. Sky Kick


On October 16, 2019 the Advocate General (AG) of the European Court of Justice rendered an opinion in Sky Plc & Ors v. Sky Kick UK Ltd. & Anr. (“the Sky case”) in a reference by Justice Arnold of the England and Wales High Court (Chancery Division). The AG’s opinion caught my attention because the opinion as well as the facts of the case resonated the 1996 order of the Indian Supreme Court in Vishnu Das Trading v. Vazir Sultan Tobacco Ltd.,…


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Others

SpicyIP Fortnightly Review (Nov 18 – Dec 1)


Topical Highlight Recently, the Delhi HC set aside two interim injunction orders passed against Natco. In a post co-authored by Pankhuri Agarwal and Bhavik Shukla, these orders were identified as a welcome restoration of the three-pronged test for the grant of interim injunctions in India. The earlier orders of Justice Endlaw had done away with the three-pronged test in light of the interests of the patentee. However, the authors note that the three-pronged test must be retained to ensure that…


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Copyright

CISAC Global Collections Report – 2019


CISAC is the International Confederation of Societies of Authors and Composers. Its stated objective is to ‘protect the rights and promote the interests of creators across all regions of the world and artistic fields; music, audiovisual, drama, literature and visual arts’. It aims to ‘foster a legislative environment that supports the cultural and creative industries, thereby contributing to both cultural diversity and economic growth worldwide’. [For more details, please click here.] According to Wikipedia, it is the world’s largest international…


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Others

CUSAT Institutes Minor IP Research Project for Teachers


We’re pleased to inform you that The Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT) has instituted a Minor Research Project with the objective of encouraging young teachers from Kerala and the rest of India, to undertake research in the area of intellectual property rights. For further details, please see the announcement below: IUCIPRS Minor Research Project in the Area of IPR for Teachers The Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science…


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Others

Appreciating the Fundamentals of Trade Secrets Law – I


I discussed a trade secret case law recently. I wrote that I would discuss some of the fundamental aspects from a comparative law perspective. As a prelude, I can only discuss the broad contours of trade secret protection in a blog post. I am limiting the discussion of this post to fundamentals of trade secret protection and US position. I shall discuss the EU position in a later post. If specific questions are asked, I shall try to answer them….


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Patent

GoI Approves Patent Prosecution Highway Program


Government of India approved the proposal for Bilateral Patent Prosecution Highway (PPH) Programme between Indian Patent Office under Controller General of Patents, Design and Trade Marktis (CGPDTM), Government of India and Patent Offices of other interested countries/regions. The maiden initiative is with Japanese Patent Office (JPO). It will be run on a pilot basis for a period of three years. What is a Patent Prosecution Highway Programme? The word “prosecution” is not to be understood as in Criminal Law. Broadly…


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Others

Supreme Court Strikes Down Tribunal Rules: Trade Marks Act to Govern IPAB Appointments Again till New Rules are Framed


[This post has been co-authored with Pankhuri Agarwal] Earlier this month, the Supreme Court in Rojer Mathew v. South Indian Bank Ltd. & Ors., struck down the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 (‘Rules’) framed under Section 184 of the Finance Act, 2017 (‘Act’) on the grounds that they impinge on judicial independence and are contrary to the guidelines laid down in cases like RK Jain and Madras Bar…


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