Patent Plant Variety Protection

National Seed Association of India (NSAI) on Delhi High Court’s Judgment in the Monsanto-Nuziveedu Dispute


We bring you a guest post from Mr. R.K. Trivedi, Director (Technical) of National Seed Association of India (NSAI). This post is in response to Prashant’s post on whether Monsanto’s invention can be protected as a plant variety and seek benefit-sharing from Nuziveedu, which was published on the blog last week. As readers may be aware, Monsanto is locked in what is possibly the biggest patent/technology battle against various seed companies for some years now. The main seed companies at…


Read More »
Others

SpicyIP Jobs: Research Fellows (Law) at CIIPC, NLU Delhi; Apply by 3rd June


We’re pleased to announce that the National Law University, Delhi is looking to engage three full-time Research Fellows (Law) for the Centre for Innovation, Intellectual Property and Competition (CIIPC), at its campus in Dwarka, New Delhi. The deadline for sending applications is June 3, 2018. For further details, please read the call for applications below. Call for Applications – Research Fellows (Law) Position: National Law University, Delhi (‘University’) is seeking to engage, on a contractual basis, three full-time RESEARCH FELLOWS (LAW)…


Read More »
Others

SpicyIP Fortnightly Review (May 6-19)


We’ve had quite an eventful fortnight at the blog: Thematic Highlight This fortnight’s thematic highlight was a guest post by our fellowship applicant, Prarthana Patnaik. Taking apart a recent US District Court judgment that held the “embedding” of tweets as copyright infringement, Prarthana discusses the implications of the decision. In doing so, she critically analyses the Court’s understanding and application of the “Server Test” – which is the landmark judicial test employed in deciding issues of copyright infringement of electronic…


Read More »
Privacy

SpicyIP Fellowship 2018-19: A Case for Creating ‘Identity Rights’ for Digital Identities in India


We’re happy to bring you another guest post by our Fellowship applicant Prarthana Patnaik. Prarthana is a 4th year student at National Law University, Odisha. This is her second submission for the Fellowship. A Case for Creating ‘Identity Rights’ for Digital Identities in India Prarthana Patnaik In the era of the Aadhar, demonetization, blockchain and other technological advancements, ‘digital identities’ are gaining increasing prominence. The World Bank defines ‘digital identities’ as “a set of electronically captured and stored attributes and…


Read More »
Patent

SpicyIP Fellowship 2018-19: Is The Discussion on Patent Laws For Outer Space Inventions Really All That Relevant?


We are pleased to bring to you a guest post by our Fellowship applicant, Poornima Ramesh. Poornima is a 2nd year student at School of Law, Sastra University. This is her first submission for the Fellowship. Is The Discussion on Patent Laws For Outer Space Inventions Really All That Relevant? Poornima Ramesh There is an interesting debate grappling the international community of IP lawyers – patents for inventions made and used in space. We are all aware that patent rights…


Read More »
Copyright

SpicyIP Fellowship 2018-19: Can Embedding Tweets Constitute Copyright Infringement?


We are pleased to bring you a guest post by our Fellowship applicant Prarthana Patnaik. She is a 4th year student at National Law University, Odisha. This is her first submission for the Fellowship. Can Embedding Tweets Constitute Copyright Infringement? Prarthana Patnaik On 15th February, 2018, a New York District Court ruled that embedding tweets may amount to copyright infringement. This decision (Goldman v. Breitbart) has generated widespread criticism for it has far-reaching implications on acts of in-line linking done…


Read More »
Overlaps in IP Patent Plant Variety Protection

Can Monsanto’s Invention be Protected As a Plant Variety and Can It Seek Benefit-Sharing From Nuziveedu?


One of the central planks of Nuziveedu’s defense in its ongoing litigation against Monsanto, that we’ve blogged about over here and here, is its claim that Monsanto’s invention is nothing but a “transgenic plant” with increased insect resistance and that the same could be protected as a “plant variety” under the Plant Variety Protection & Farmers Rights Act, 2001 (PVPFRA). As discussed earlier, this characterization of Monsanto’s claim may not be accurate but it seems to have been accepted by…


Read More »
Patent Plant Variety Protection

The Issue of Claim Construction Will be Key to the Monsanto-Nuziveedu Litigation before the Supreme Court


As expected, the judgment of the Division Bench (DB) of the Delhi High Court in the Monsanto v. Nuziveedu litigation was admitted by the Supreme Court last week and the case is now slated for a hearing in July sometime. The bench of two judges hearing the matter refused to grant a stay on the operation of the DB’s judgment. While I don’t (yet) have access to the pleadings, I’m told that Monsanto’s legal team is now disputing the extent…


Read More »
Biological Diversity

Patanjali’s Tryst with the Biological Diversity Act – Is It Liable to Pay for Using Biological Resources?


The Business Standard recently reported that Baba Ramdev’s firm Patanjali has run into trouble under the Biological Diversity Act, 2002 and is challenging demands from state biodiversity authorities that it share its revenues with farmers whose biological resources it uses. The report is behind a paywall and Business Standard’s subscription policy requires an automatic renewal being charged to credit cards because of which I refuse to subscribe to the service. Nevertheless, the headline gives enough information to discuss the mounting…


Read More »
Others

SpicyIP Jobs: EIPIN Innovation Society Invites Research Proposals for Marie Skłodowska-Curie Individual Fellowship [Submit by Sept. 12]


We are pleased to announce that the EIPIN (European IP Institutes Network Innovation Society is inviting applications for Marie Skłodowska-Curie Individual Fellowship. The deadline for submitting research proposals is September 12, 2018. For further details, please read the post below: Do you want to apply for a Marie Skłodowska-Curie Individual Fellowship and work with EIPIN Innovation Society? Organisation EIPIN, a consortium of leading research and training centres in intellectual property, presents EIPIN-Innovation Society (www.eipin-innovationsociety.org). EIPIN-Innovation Society is a comprehensive project at the…


Read More »