Others

SpicyIP Weekly Review (March 19-25)


(This post has been authored by Inika Charles and published on her behalf) The topical highlight of this week is Pankhuri’s post on the upcoming merger of the Copyright Board with the Intellectual Property Appellate Board under the Finance Bill, 2017. She notes that the Bill seeks to amend the Copyright Act so as to transfer the functions of the Copyright Board to the IPAB, which until now – dealt only with trademarks, patents, and geographical indications. While the (Money)…


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Others

A Push For Procedural Certainty


In an article recently published in India Business Law Journal’s February 2017 issue here, Gowree Gokhale and Jaideep Reddy of Nishith Desai Associates analyse the problems of delegated legislation/executive action and suggest ways to resolve them. The problems highlighted by them include lack of statutory/constitutional basis for such legislation/action in some cases and examples cited for it include the jurisdictional overreach by DIPP in issuing a memo interpreting Section 31D of the Copyright Act, which we had covered here. Another instance…


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Patent

In a Significant Decision, ICSID Rejects Eli Lilly’s Claim that the Utility Standard under Canadian Patent Law has Undergone a Dramatic Shift


In a widely reported decision, the International Centre for the Settlement of Investment Disputes Tribunal (hereinafter “the ICSID”) last week dismissed Eli Lilly’s claims against Canada under the North Atlantic Free Trade Agreement (NAFTA) founded upon a purported change in the utility standard for establishing patentability under Canadian law. In its 159-page judgment, the Tribunal squarely rejected the company’s claim that Canadian courts radically altered the interpretation of the utility standard claim for patenting between 2002 and 2008 that operated…


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Trademark

SpicyIP Fellowship 2017-18: MontBlanc v. Gaurav Bhatia – Another Curious Case of DHC’s Damages Jurisprudence


We are happy to bring to you another guest post by our Fellowship applicant Maitreyee Dixit. This is her second submission for the Fellowship. MontBlanc v. Gaurav Bhatia: Another Curious Case of DHC’s Damages Jurisprudence Maitreyee Dixit Damages in trademark law, especially in Delhi High Court’s jurisprudence have been riddled with inconsistencies. Be it the grounds to provide damages, the calculations of damages or the entirety of punitive damage jurisprudence. The recent case of MontBlanc Simplo GmBH v Gaurav Bhatia, delivered…


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Others

SpicyIP Fellowship 2017-18: Cyber Economic Espionage – Is TRIPS the Solution?


We are glad to bring to you a guest post by our Fellowship applicant Maitreyee Dixit. This is her first submission for the Fellowship. Cyber Economic Espionage: Is TRIPS The Solution? Maitreyee Dixit Economic espionage has been a hot topic of sorts since the September 2015 agreement was made between USA and China, that called for both the countries to not knowingly conduct or support cyber enabled trade secret theft from companies in each others’ land with the intent of…


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Patent Plant Variety Protection

Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?


We are pleased to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. We had earlier published two guest posts by him here and here. Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims? Essense Obhan As has already been reported on SpicyIP and the mainstream media, Monsanto and Indian seed companies are involved in a series of lawsuits against each other…


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Copyright

Authors’ Alliance Files Brief in Favour of Access to Course Packs


Authors’ Alliance (“Alliance”), a non-profit coalition that supports “authors who write to be read”, has filed an amicus curiae brief in Cambridge University Press et al v. JL Albert et al, supporting the non-profit use of academic works as part of course packs  The brief was submitted by the Alliance in an appeal filed by Cambridge University Press (CUP) against the decision of the district court for the Northern District of Georgia (“District Court”), which ruled in favour of the…


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Copyright Trademark

Copyright Board to be Taken Over by IPAB Under the Finance Bill, 2017 Passed by the Lok Sabha


In a surprising development, the Copyright Board is set to be merged with the Intellectual Property Appellate Board (IPAB) under the Finance Bill, 2017 that was passed in the Lok Sabha yesterday. This merger comes along with merger of seven other tribunals (including the Competition Law Appellate Tribunal and the Cyber Appellate Tribunal) with other existing tribunals, all of which were proposed by the amendments to the Bill moved by the Finance Minister Arun Jaitley on Tuesday. The Bill seeks…


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Others Sponsored

Launch of EIPIN Innovation Society Project: 15 Fully-Funded PhD Positions


We are pleased to remind our readers that the European IP Institutes Network (EIPIN) will soon be launching the EIPIN Innovation Society project that sets up a European Joint Doctorate programme. EIPIN is recruiting 15 PhD candidates for this programme, who will be conferred a joint or double doctoral degree from two of the five participating universities at the end of the programme. The deadline for applications is March 29, 2017, 23.59 CET. The details of the project are outlined in…


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Copyright

The Ilayaraja-SPB Copyright Dispute – Why the Big Fuss?


As has been reported by multiple news outlets there is a copyright dispute brewing between Ilayaraja and SP Balasubramanyam (SPB), both of whom are national treasures. While Ilayaraja is a music composer, SPB is a singer. Currently on an international tour giving performances around the world, SPB posted an update on his Facebook page informing his fans that he had received a legal notice from Ilayaraja demanding royalties for performing his compositions during the tour. In the same post, SPB…


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