Copyright Innovation Overlaps in IP

Open/Secret – Assessing India’s Commitment to Open Data

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Image from here   The ‘Digital India’ slogan has not been enough to pull the government out of its digital data doldrums. India’s rank in the Global Open Data Index, which ranks countries on openness across various sets of government data, dropped 15 places to No. 32 between 2015 and 2016. While some gains have been made in the implementation of the data.gov.in portal under the National Data Sharing and Accessibility Policy (“NDSAP”), these are fledgling in relation to the…


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Trademark

In a Sign of Things to Come, Delhi High Court Passes Summary Judgment in Trademark Infringement Suit

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As we’ve noted on this blog before, one concrete manifestation of the Indian Government’s desire to promote the adjudication of commercial disputes by specialized tribunals was the enactment of the Commercial Courts Act (“the Act”) in 2015. Broadly speaking, the Act envisages the resolution of all commercial disputes – a term which includes within its ambit IP disputes – whose commercial value exceeds 1 crore rupees by separately constituted commercial courts or commercial divisions in high courts having original jurisdiction….


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Others

Manupatra to Launch E-Learning Platform ‘LawSkills’

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We are pleased to inform our readers that Manupatra is launching an e-learning platform, ‘www.lawskills.in‘, aimed at bridging the gap between legal education and profession. The launch is to take place on June 28, 2017 at Silver Oak, India Habitat Centre, New Delhi. As per Manupatra, “LawSkills is an e-learning platform that aims to revolutionize professional online education in the field of law. LawSkills will attempt to leverage technology and build an ecosystem of industry practitioners and learners to make learning easy,…


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Uncategorized

SpicyIP Weekly Review (June 18 – June 24, 2017)

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The week’s thematic highlight has to be the guest post on the ‘physical copy’ doctrine in Indian Copyright Law, contributed by MV Swaroop and Shrey Patnaik. In the aftermath of the Raabta-Magadheera copyright row, Swaroop analyses copyright in cinematographic films and the apparent divergence of the Calcutta High Court from the text of Section 14 of the Copyright Act in allowing the producer of a film to sue for infringement of a ‘copycat’ or substantially similar film. The topical highlight…


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Trademark

Exide India Settles 19-Year-Old Trademarks Dispute

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Last month, in a landmark development, Exide Industries (Exide India) entered into a settlement with US based Exide Technologies (Exide US) over the use of the disputed ‘EXIDE’ trademark. I call it a landmark development for two reasons – a) it is a decision that has put an end to a dispute, which has gone on for almost two decades and b) according to media reports, the terms of the settlement indicate that Exide US has effectively waived any right/…


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Copyright

Sugar Hero v. Food Network: Copyright Infringement of ‘How-To’ Food Videos

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In an interesting case from the United States, an independent food blogger/entrepreneur has sued The Food Network for copyright infringement. Upon perusal of the IPKat coverage of the issue including the complaint (linked in the same coverage and available here), the factual matrix supporting the claim becomes fairly clear. The Facts Sugar Hero is a website run by blogger turned entrepreneur, Elizabeth Labau. Through this website, she shares her innovative, self-created recipes in creative ways including videos, pictures, etc. This…


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Others

Madras HC’s Seemingly Ad-Hoc Portfolio Allocation & Possible Alternatives

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I write to bring you an update regarding the Madras HC portfolio allocation. Furthermore, given the seemingly ad-hoc nature of allocation, we felt it appropriate to use this opportunity to rekindle the discussion surrounding portfolio allocations. But first, the update. The allocation of IP matters, for 1st June onwards, was as follows: Kalaiyarasan J.: IP matters upto the year 2010. Anita Sumanth J.: IP matters from the year 2014. Ravindran J. (V. Parthiban J., in former’s absence): IP matters between…


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Copyright

The Philosophy Behind the ‘Physical Copy’ Doctrine

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This guest post has been written by MV Swaroop (with inputs from Shrey Patnaik). In this post, Swaroop and Patnaik analyse, in the context of the Raabta dispute, whether the producer of a film has the standing to sue for infringement, or if such action can only be brought by the scriptwriter. Our earlier posts on the Raabta dispute are available here and here. The Raabta-Magadheera controversy fizzled out a few days ago, with the producers of Magadheera withdrawing their suit. Then,…


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Others

SpicyIP Events: Trade Talk on IP, Innovation & Public Interest To Be Hosted by Centre for WTO Studies Tomorrow

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We are pleased to inform you that as part of the 4th Joint Academy, the Centre for WTO Studies is also hosting a series of Trade Talks. These are short talks on contemporary issues in world trade that are presented by the Resource Persons of the Joint Academy.  The details of the Third Talk are provided below: Trade Talk by Mrs. Jayashree Watal, Counsellor, Intellectual Property Division, World Trade Organization, Geneva Topic– IP, Innovation and Public Interest Date: Wednesday, 21 June 2017…


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Patent

Roche v. Cipla- The Sense of An Ending

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In what could possibly be the end of the Roche v. Cipla saga, Cipla has withdrawn the SLP it had filed in the Supreme Court against the Delhi High Court Order of 2015. The Apex Court allowed Cipla to withdraw its Petition owing to a settlement reached between the parties, with Cipla acknowledging the validity of Roche’s patent rights in Erlotinib Hydrochloride. Brief History The Roche v. Cipla saga concerns the patent rights in the compound Erlotinib Hydrochloride (Patent IN…


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