Comparative Advertising

Constitutionalisation of Private Law Disputes: Horlicks Ltd and Anr. v. Heinz India Pvt. Ltd.


Judgments of Indian courts are often criticised for their use of convoluted language, verbosity, and tendency to digress into avoidable terrains (for instances of courts employing barely decipherable language, see this). A recent order of the Delhi High Court (‘Order’), in the matter of Horlicks Limited and Anr. v. Heinz India Private Limited falls into the third category- crossing into the territory of fundamental rights in a private law dispute. The Order was made in an application filed by Horlicks…


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Copyright Trademark

Draft E-Commerce Policy Extends India’s Intermediary Liability Woes


It’s been a rough time for online intermediaries operating in India, lately. Jumping on the techlash bandwagon in the wake of multiple social media fiascos concerning online disinformation, data breaches, and mass propagation of hate speech and abuse, governments across the world are taking this as an opportunity to tighten regulation for online ‘intermediaries’ – platforms which host third party content, such as social media or online marketplaces. Similarly, the hornet’s nest of intermediary liability for copyright and trademark infringement…


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Others

SpicyIP Weekly Review (March 4-10)


In a guest post, Kartik Puttiah discussed the exclusions under Section 3(j) of the Patent Act in light of the Monsanto case. Specifically, he argues that excluding nucleotide acid sequences based on their use in plants is flawed since this does not constitute an evaluation of the subject matter, but rather its industrial application. He argues, further, that a balance between incentivising inventions in biotechnology and protecting farmers may be achieved by creating an exception for farmers under Section 47,…


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Copyright

Section 31D of the Copyright Act Does Not Cover Internet Broadcasting


We’re pleased to bring to you a guest post by Swaroop Mamidipudi. Swaroop is an advocate practicing in copyright law at the Madras High Court. He has guest blogged for us in the past as well (see here and here). Section 31D of the Copyright Act Does Not Cover Internet Broadcasting Swaroop Mamidipudi The Spotify litigation (covered here) centres around the question that has been simmering around the Indian copyright scene for some time – does the statutory licensing regime…


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Biological Diversity

Developing Bio-Cultural Jurisprudence for Securing Rights of Indigenous Peoples and Local Communities  – Divya Pharmacy v. UoI


We’re pleased to bring to you a guest post by Alphonsa Jojan. Alphonsa teaches at Tamil Nadu National Law University, Trichy. She has written a guest post for us earlier as well. Developing Bio-Cultural Jurisprudence for Securing Rights of Indigenous Peoples and Local Communities – Divya Pharmacy v. UoI Alphonsa Jojan On 21st December, 2018, the Uttarakhand High Court delivered its judgment (previously covered on the blog here) on a contentious issue under the Biological Diversity Act: whether  Indian companies,…


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Patent Plant Variety Protection

Analyzing Subject Matter Excluded from Patenting in the Backdrop of Lawsuits Involving Monsanto


We’re pleased to bring to you a guest post by Kartik Puttiah. Kartik is the co-founder of InvnTree IP Services. He has over thirteen years of experience in patent consulting. He specialises in patent drafting and prosecution, and routinely advises his clients on patent portfolio development. He also works with his clients in addressing patent risks. He obtained his B.E. degree in Industrial Engineering and Management and is also a registered patent and trademark agent. Analyzing Subject Matter Excluded from…


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Others

SpicyIP Weekly Review (25th February-3rd March)


Divij broke the news about Spotify’s launch in India. In his post, he covers the legal battle between Spotify and Warner Chappel Music Ltd. before the Bombay HC. He also analyses the applicability of Section 31D of the Copyright Act to the facts of the case. He further questions Spotify’s decision to opt for statutory licensing in light of the principles laid down in IPRS v. Aditya Pandey decision. Pankhuri notified us about a conference on “A 3-D Perspective on…


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Others

Reminder : UPenn Law School & IDIA Conference on ‘A 3-D Perspective on Indian IP : Distinct, Diverse and Democratic?’ [March 5, New Delhi]; Registration Closes Tomorrow


A reminder to our readers about the upcoming UPenn Law School & IDIA Conference on ‘A 3-D Perspective on Indian Intellectual Property: Distinct, Diverse and Democratic?’ which we had posted about earlier here. Those interested in attending the conference, please note that registration closes tomorrow, March 2. The conference will be held on March 5 at the Indian Law Institute, New Delhi. The valedictory address will be delivered by Justice Ravindra Bhat (Delhi High Court). Also, the proceeds from conference will…


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Copyright

Breaking: The Background Music to Spotify’s India Launch is a Crucial Legal Battle on Music Copyright


It’s the one we’ve all been waiting for. Spotify, the Swedish music-streaming service, finally launched in India after months of speculation as to when and how the service would reach Indian consumers. Yet, an as yet unknown number of works in Spotify’s catalogue are in a precarious position, and could at any moment be pulled from the service. While we enjoy tunes from the world’s largest online streaming service, the background music to the launch is an intense legal battle…


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Events

SpicyIP Events: UPenn Law School & IDIA Conference on ‘A 3-D Perspective on Indian Intellectual Property: Distinct, Diverse and Democratic?’ [March 5; New Delhi]


We’re pleased to announce that University of Pennsylvania Law School and IDIA are organising an IP conference ‘A 3-D Perspective on Indian Intellectual Property: Distinct, Diverse and Democratic?’ on March 5, 2019. The conference will be hosted by the Indian Law Institute, New Delhi. It has a stellar cast of speakers drawn from the IP profession, industry, civil society, academia and government. Mr. Rajiv Aggarwal (Joint Secretary, DIPP) will deliver the opening address. And Justice Aftab Alam (who delivered the…


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