Patent

The Ping-Ponging Paradigm of Patenting Computer Programmes in India (“Software Patenting” 1999-2020)


Players playing table-tennis

Patents for Computer Related Inventions (CRIs) or “Software Patents” have, unfortunately, been an evergreen issue in India, with much confusion, lobbying, changes, misunderstandings, and anything else one could imagine, playing its role at some point or the other. As Shamnad had once written – its indeed confusingly confounding! Readers may recall a recent post which discussed the Ferid Allani order. As Sandeep Rathod helpfully pointed out in the comments on that post – that patent application has once again been…


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Copyright

Madras HC: No Right to Demand Mandatory Sharing of Sports Broadcasts Over the Internet


The Madras High Court, in its judgement in Adithya Modi v Union of India and Ors., has refused to mandate Prasar Bharati to stream sports broadcasts shared under the Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 (“Sports Broadcasts Act”) over the internet. Instead, the Court has ‘directed’ the respondents (Ministry of Information, Ministry of Sports and Prasar Bharati) to consider the matter and make appropriate policy recommendations. Background and the Saga of Sports Broadcasting in India The…


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Trademark

Amazon v. Amway: A Growing Appellate Scrutiny Problem


We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court Division Bench’s decision that set aside the Single Judge’s order restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has 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…


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Innovation Patent

Reflecting Upon the Quality of Innovation and Its Future Roadmap in India


We’re pleased to bring to you an interesting and insightful post by Mohd Shadab Danish on the long-debated relationship between patents, innovation and economic growth. Shadab is a PhD scholar (Economics) at IIT Indore. The post is particularly timely and relevant in the backdrop of PM Modi’s recent speech wherein he urged the young scientists of the country to “Innovate, Patent, Produce and Prosper”, (seemingly) on the assumption that any and all innovation and patenting by them will make our…


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Others Trademark

Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies


Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling Entities (the DSEs), Amway, Modicare and Oriflame against e-commerce platforms including Amazon, Snapdeal and Flipkart (the defendants). The DSEs engage direct sellers of their products to sell, distribute…


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Others

SpicyIP Fortnightly Review (January 21 – February 2)


[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Last week, we received an anonymous post on the recent judgment of the Delhi HC in Astrazeneca v. Emcure and Astrazeneca v. MSN. Through this order, the Court held that a species patent can be granted and is enforceable even when an already existing product is covered by a genus patent. The author is of the opinion that this decision suffers from certain…


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Others

Brand Protection in the Age of Social Media Influencers: Bom HC in Parachute Disparagement Case


What happens when social media influencers such as bloggers and vloggers comment on the quality of branded products recklessly? Earlier this month, Justice Kathawala of the Bombay High Court had granted an interim injunction against one such vlogger’s video in Marico Limited v. Abhijeet Bhansali. The branded product in issue is PARACHUTE coconut oil sold by Marico Limited, the plaintiff, and the vlogger involved is Abhijeet Bhansali, the defendant. Background and Facts Bhansali makes a living solely by creating and…


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Patent

It is “Covered”, Yes, but is it “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India


We’re pleased to bring to you a guest post on the recent judgment of the Delhi High Court in Astrazeneca v. Emcure and Astrazeneca v. MSN Labs. The author of this post wishes to remain anonymous. It is “Covered”, Yes, but is It “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India In a judgment with far-reaching consequences for enforcement of species patents in India, the Delhi High Court in Astrazeneca v. Emcure and…


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Events

SpicyIP Events: PatSight – IP Symposium [Mumbai, Feb 28]


We’re pleased to inform you that Gridlogics will be holding a free to attend IP symposium, PatSight on February 28 in Mumbai. For further details, please see the announcement below Join us for PatSight Mumbai on Friday, 28th Feb at Hotel Orchid Mumbai! Gridlogics is pleased to bring you 9th edition of PatSight – An IP Symposium dedicated to discussing innovative techniques in IP search and analysis via examples and case studies. The event will be a great opportunity to…


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Copyright Designs Geographical Indication Traditional Knowledge

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?


We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti on IP protection of kathputlis and other puppets. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here and here. Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You? Dr. Sunanda Bharti Introduction The art of making kathputli was given life by the Bhaat…


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