Privacy

Privacy, Publicity and Media Mistakes


Tis’ one of the most enduring paradoxes. That our right to privacy verdict became one of the most “public” ever! The sheer number of public comments that sprung up in its wake is testament to this sentiment. At last count, there appeared to be more than 300 articles and commentaries on this judgment alone; all within a span of a month or so! In fact, just a week or so back, we at IDIA did a full panel on privacy…


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Others

SpicyIP Weekly Review (October 15 – 21)


Our topical highlight for the week was a guest post from Rishabh Anjay Mohnot, who covered the recent decision of the Madreas HC in Mannivanan v. IPAB & Ors. on this blog. The Madras HC dismissed a writ petition filed against the dismissal of the petitioner’s patent revocation application by the IPAB. Rishabh notes that the Madras HC, while arguably coming to the correct conclusion in the case, failed to consider important aspects of a revocation claim, including the impact…


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Patent

Federal Circuit Adds More Clarity (or Confusion) in Amgen v. Sanofi


We are pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an Advocate with Lakshmikumaran & Sridharan, New Delhi, primarily assisting clients as a litigation attorney. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. A major portion of his time is spent, practicing in the areas of IP & Technology Laws as well as in International Trade Law. His expertise also extends to…


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Copyright

Publishers Unite to Fight Copyright Infringement on ResearchGate


ResearchGate, the world’s most popular scholarly collaboration network (SCN), which brands itself as an ‘online information society service’, might soon be facing its Napster moment. A coalition of major publishers, called the ‘Coalition for Responsible Sharing’, (which includes major publishing houses such as Elsevier, Wiley, Wolters Kluwer, The American Chemical Society and Brill) have issued a statement regarding the network’s alleged inability to adequately deal with alleged instances of mass copyright infringement, and have also initiated legal action against ResearchGate…


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Patent

The Cloak of Confidentiality Over the Ericsson Patent Litigation Before the Delhi High Court


As discussed in my previous post, a lot of strange things have taken place in the patent litigation initiated by Ericsson against companies like Micromax, Gionee, Lava etc. For whatever reason, the judges of the Delhi High Court have thought it completely okay to cast aside the procedural safeguards in the law to grant Ericsson remedies that the company is simply not entitled to in law. A related issue, which in my opinion is of serious concern is the ease…


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Competition Law Patent

Thoughts on Regulatory Tussles Involving CCI – III


[*Long post] Earlier posts – Thoughts on Regulatory Tussles Involving CCI – I & Thoughts on Regulatory Tussles Involving CCI – II [Continuing…..] Delhi HC judgment on Telefonaktiebolaget LM Ericsson v. Competition Commission of India and Anr Issues Is there an irreconcilable conflict between the Competition Act and Patents Act? and Is it possible to construe both the Acts harmoniously? Judgment  An inconsistency or repugnancy in statutes cannot be readily inferred and any interpretation that leads to such conflict must, as…


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Patent

IPO Takes Steps to Improve Access and Enhance Data Sharing


Over the past month, I’ve written about efforts by the Copyright Office to improve access, stakeholder participation and democratize the copyright filing system (see here and here). It appears the office of the CGPDTM (hereinafter, Indian Patent Office or IPO) has also been making efforts to improve access and streamline data sharing. Weekly Release of FER Data BananaIP reports that the IPO will now be publishing in its weekly journal, a list of applications against which FERs have been issued…


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Events

SpicyIP Events: Vidhi Policy Challenge on ‘Blockchain Technology’


We are pleased to announce that Vidhi Centre for Legal Policy is organising a team-based competition called the Vidhi Policy Challenge this year. It is meant for law students in 3rd, 4th and 5th year of the five-year programme and final year of the three-year programme. The theme for the inaugural edition of this competition is ‘Blockchain Technology’ and its integration with public policy. For further details, please read the post below: Vidhi Policy Challenge Introduction Vidhi Centre for Legal Policy…


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Patent

Mannivanan v. IPAB & Ors.: Of Revocation, Anticipation and An Abandoned Patent Application


We are happy to bring to you a guest post on a recent Madras HC decision in a patent case by Rishabh Anjay Mohnot. Rishabh is a 3rd year student at NUJS, Kolkata. Mannivanan v. IPAB & Ors.: Of Revocation, Anticipation and An Abandoned Patent Application Rishabh Anjay Mohnot Recently, the Madras High Court dismissed a writ petition challenging the dismissal of a revocation application by the IPAB and demanding the records pertaining to the dismissal. This case is worth…


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Others

Judging Judges: Rule of Reason?


In an opinion piece for the Hindu, I reflect on one of the most monumental milestones ever in Indian legal history. Namely the opening up of our judicial “collegium” and its secretive decision making processes to the public eye. Given the secrecy with which Collegium decisions/deliberations were shrouded for over two decades now, this is nothing short of revolutionary! Unfortunately, this new transparency notwithstanding, we are still left in the dark as to the “metric” used for measuring judicial “merit”….


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