[Sponsored] LexisNexis Webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ [October 19]

by SpicyIP October 14, 2021

We’re pleased to bring you this announcement by LexisNexis on their launch of a new Sustainable Innovation Measurement framework to enable organizations globally to objectively track and report on innovation’s contribution to the United Nations Sustainable Development Goals. They are also holding a webinar on ‘Calling for Action: How to Track and Measure Sustainable Innovation and Investments’ on October 19, 2021, the details of which can be viewed below. Introducing a New Objective Way to Track and Measure Sustainable Innovation…

Strategic Legal Algorithms Against Public Participation: YouTube Disables Newslaundry’s Account Following Copyright Claims from Aaj Tak

by Divij Joshi October 12, 2021

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In a new low for Indian media, Aaj Tak (owned by the media conglomerate Living Media) has allegedly taken to using copyright claims to prevent criticism of its reportage by media watchdog Newslaundry. On October 8, Newslaundry staff revealed that its YouTube operations had been stalled pending an enquiry into 53 separate copyright notices received by YouTube from Aaj Tak. The videos flagged (according to Newslaundry, not independently verified by us) pertained to Newslaundry’s commentary and criticism of Aaj Tak’s…

COVID-19 Opportunities

International Webinar on ‘Vaccines and Immunization: Ethical and Legal Implications’ [October 18]

by SpicyIP October 9, 2021

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We’re pleased to inform you that the Centre for Health Law and Policy (CHLP), the Centre for Human Rights (CHR) and the Centre for Intellectual Property Rights (CIPR) under the aegis of the National University of Advanced Legal Studies (NUALS), in collaboration with the Prof. N R Madhava Menon Interdisciplinary Centre for Research Ethics and Protocols (ICREP), CUSAT and the Kerala State Higher Education Council are conducting an international webinar on ‘Vaccines and Immunization: Ethical and Legal Implications’ on October…

SpicyIP Weekly Review (September 27 – October 3)

by Adyasha Samal October 4, 2021

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Zolgensma and the Inadequacies of the Compulsory Licensing Regime In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Breaking down the 3 tests of reasonably meeting the requirements of public, reasonable affordability and…

Opportunities Traditional Knowledge

Webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ [October 13]

by SpicyIP September 29, 2021

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We are pleased to inform you that the Microsoft IPR Chair and the DPIIT IPR Chair at Gujarat National Law University (GNLU), Gandhinagar are jointly organising a webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ on 13th October, 2021. Webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ We are elated to announce that the Microsoft- IPR Chair-GNLU and DPIIT IPR Chair-GNLU are jointly organising a webinar on “Traditional…

Biological Diversity Opportunities

Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing [October 4-7]

by SpicyIP September 29, 2021

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We’re pleased to inform you that the DPIIT IPR Chair of Inter University Centre for Intellectual Property Rights Studies at the Cochin University of Science and Technology (CUSAT) is organizing a four day webinar on “Digital Sequence Information(DSI)- Implications on Access and Benefit Sharing” from October 4-7 2021. For further details, please read the announcement below. Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing The four-day webinar aims to sensitise the legal fraternity about the challenges posed…

Patent

Zolgensma and the Inadequacies of the Compulsory Licensing Regime

by SpicyIP September 29, 2021

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We’re pleased to bring to you a guest post by Akhil Satheesh. Akhil is a final year B.A.L.L.B.(Hons.) student from NUALS, Kochi. Zolgensma and the Inadequacies of the Compulsory Licensing Regime Akhil Satheesh What is the price of an ordinary human life? Although the answers may be imprecise and deeply rooted in philosophical quandaries, for those suffering from a rare genetic degenerative disorder, Novartis answers the question, valuing life at 2.1 million dollars (Rs. 16 crore). This was the price…

Opportunities

JDCIL-ESYA Article Writing Competition [Submit by September 30]

by SpicyIP September 29, 2021

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We’re pleased to inform you that the Jindal Digest for Competition and Innovation Laws, in collaboration with Esya Centre, is organizing an article writing Competition, with an aim to encourage academic research on the intersections of competition, IP and technology laws. For details, please read the announcement below. JDCIL-ESYA Article Writing Competition About: The Jindal Digest for Competition and Innovation Laws is an interdisciplinary, student-edited, legal review blog, that aims to trace developments in the fields of Competition Law, Technology…

SpicyIP Weekly Review (September 20- 26)

by Nikhil Purohit September 27, 2021

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ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity In this post, Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR ASĀVA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order. Adyasha first provides the factual background and the reasons behind the Single Judge’s refusal of the interim injunction. She notes that the Single Judge agreed with the…

Trademark

ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity

by Adyasha Samal September 26, 2021

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A few months back, a Single Judge bench of the Bombay High Court delivered what has now been revealed to be a very problematic decision on deceptive similarity in alcoholic beverage trademarks. Brought to light upon being set aside by the Division Bench, this decision rendered findings that threatened to set dangerous precedents on what constitutes a trademark, and how deceptive similarity is evaluated. In this post, I revisit the Single Judge’s ruling and underscore the ways in which the…

{ The Hon'ble Supreme Court in the SLP against the Order of the Division Bench has observed that "It cannot be disputed that as such the impugned judgment and... }
Abhiraj { Another aspect which comes to my mind is that YouTube is a private entity and is in no manner bound to act as a judge or ensure a... }
Jagdish Sagar { I agree with Shobhit. How will the statutory licence fee under section 31D of the Copyright Act, that one High Court fixes, apply in the jurisdiction of other... }
IP Noob { This is an interesting comment - “abuse of the copyright system could have repercussions on Aaj Tak’s ability to file future takedown requests”. Could you explain the basis... }
IP Hawk { Youtube's takedown system works both ways - if Newslaundry disputes the copyright claim, Aaj Tak will have 30 days to either retract their claim or maintain it, in... }