Others

SpicyIP Weekly Review (April 8 -14)


In case you missed this week’s posts, don’t worry, here’s a roundup below – The topical highlight of the week is Prashant’s post on the long running dispute regarding the patentability of Monsanto’s BT Cotton. In a significant ruling, the Delhi High Court denied Monsanto patent protection for its claim over a particular genetic sequence. The HC rejected the claim on the grounds that it was not patentable subject matter under Section 3(j), which prohibits the grant of patents for…


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Overlaps in IP Patent Plant Variety Protection

Delhi High Court’s Judgment in Monsanto v. Nuziveedu Delivers a Deadly Blow to the Agro-biotech Industry


A Division Bench of the Delhi High Court recently pronounced its judgment in the long running litigation between Monsanto and Nuziveedu. The present judgment was delivered in cross appeals filed by both parties against the order of a single judge of the Delhi High Court that was delivered last year. To describe the judgment briefly, the court has delivered a knock-out punch to Monsanto, by declaring invalid its patent for Bt. Technology because Section 3(j) of the Patents Act prohibited…


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Patent

Justice Prabha Sridevan and Prof. Srividya Raghavan on Patent Local Working and Safeguarding India’s Sovereignty


Recently, Justice Prabha Sridevan (former Madras HC judge and IPAB Chairperson) and Prof. Srividya Raghavan (Professor at Texas A&M University School of Law) wrote an insightful editorial on India’s patent working disclosure requirement in the Hindu. In this hard hitting piece, they argue that this requirement is part of India’s exercise of its sovereign right and fulfillment of its constitutional duty to ensure access to medicines and protect public health. Patent Working Information and Access to Medicines Justice Sridevan and…


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Copyright

Supreme Court Affirms that Only ‘Government Works’ under the Copyright Act Qualify as ‘Protected Systems’ under IT Act


In B.N. Firos v State of Kerala and Ors., the Supreme Court of India, on March 27, held that only those ‘computer systems’ may be designated as protected system under the Information Technology Act, which qualify as ‘Government Works’ under the Copyright Act. Background The present dispute related to the ownership of copyright in software which was being used by the Government of Kerala for a project known as FRIENDS (Fast, Reliable Instant, Efficient, Network for Disbursement of Services). The…


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Trademark

Where’s the Surcharge? : Of TM Renewals & Procedural Deficiencies


Last month, the Delhi High Court’s Division Bench delivered a rather interesting decision on trademark renewals in the case of Epsilon Publishing House v. UOI & Ors. In September of last year, Epsilon (petitioners/appellants) filed a writ petition before the Delhi High Court challenging the renewal of the respondent’s trademark “LOKPRIYA EASY NOTES” bearing application number 1006905. Back then, the court via Justice Bakhru dismissed the writ petition, holding that the renewal was good in law. The petitioners (/appellants) appealed…


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Others

SpicyIP Fortnightly Review (March 25 – April 7)


The thematic highlight for this fortnight, is Rahul’s post on the recent Bombay HC judgment that held copyright registration mandatory for maintaining an action of infringement. Rahul notes the Court’s flawed reasoning that since, under section 50-A, registration is the only way to inform the public of copyright in a work, this is indicative of legislative intent to make registration mandatory. The Court also applied this reasoning to hold that several other provisions would be deemed unworkable if registration was…


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Geographical Indication

SpicyIP Fellowship 2018-19: Basmati Wars – Peril for Madhya Pradesh and GI Issue with Hybrids of Basmati


We are pleased to bring to you a guest post by our Fellowship applicant, Rishabh Mohnot. Rishabh is a 3rd year student at National University of Juridical Sciences (NUJS), Kolkata. This is his first submission for the Fellowship. Rishabh had also written a post for us last year during his internship. Basmati Wars: Peril for Madhya Pradesh and GI Issue with Hybrids of Basmati Rishabh Mohnot On March 15, 2018, the Geographical Indications (GI) Registry passed an order rejecting Madhya…


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Patent

Patent Office Publishes Stakeholders’ Comments on Patent Working Issues and Form 27


In compliance of the order passed by the Delhi High Court on 15th March in Prof. Basheer’s Patent Working PIL, the Patent Office has published on its website the comments received by it from stakeholders on issues relating to patent working provisions (including Form 27). This is a very welcome move and the speed of the Indian Patent Office needs to be appreciated. The full text of the comments can be viewed here and a brief summary of each of…


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Trademark

Guest Post: Ferrero Rocher v. Ruchi International: Another Merited but HUL-less Trademark Damages Award by the Delhi High Court


The damages jurisprudence of the Delhi High Court in IP cases has been a problematic area for several reasons that we have discussed on this blog. In this guest post, Eashan Ghosh takes apart a recent judgment of the Delhi High Court that awarded damages of Rs. 10 lakhs to Ferrero Rocher. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and also teaches a seminar on intellectual property law at National…


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Copyright

In a Deeply Problematic 2012 Judgment, Bombay High Court Held That Copyright Registration is Mandatory for Maintaining an Action for Infringement


As Professor Joshua Sarnoff eloquently noted on this Blog, copyright is first and foremost an assertion by the creator. This being so, registration of a copyright is not mandatory for maintaining an action for infringement. Indeed, to quote Prashant, the principle that registration of a copyright is not mandatory is one of the holy sacraments of the Berne Convention. It is with great dismay, therefore, that we recently found out about a deeply problematic 2012 judgment from the Bombay High…


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