Others

SpicyIP Weekly Review (July 8-15)


It’s been an interesting week at SpicyIP! Thematic Highlight The second guest post by Prof. (Dr.) N.S. Gopalakrishnan forms the thematic highlight of this week. In continuation to his first post, Prof. Gopalakrishnan states that there has been no report of an individual registering a new variety under the Protection of Plant Varieties and Farmers’ Right Act, 2001 till date. He then proceeds to describe how certain provisions and rules under the Act create confusion with regard to notification of…


Read More »
Patent Traditional Knowledge

The Himachal Pradesh High Court Revokes Patent Grant Invoking Section 3(p)


Earlier (quite a few years ago!), Prashant had reported a 2008 order of the Himachal Pradesh High Court, wherein the Court had examined the validity of the Patent No. 195917, a patent granted to the plaintiffs for a “device used for manually hauling agricultural produce”, on the basis of its alleged similarities to a traditional handicraft called “kilta” (an-all-purpose bamboo basket used to carry any type of load, supported by a rope and tied to the forehead). In this case,…


Read More »
Patent

Breaking: In India’s First Post-Trial Standard Essential Patent Judgement, Delhi High Court Finds Local Manufacturers Infringed Philips’ DVD SEP


Almost a year after it was reserved by the Delhi High Court, the first post-trial judgement by an Indian Court in a Standard Essential Patent-related suit was issued on July 12, 2018. In Koninklijke Philips Electronics N.V. vs. Rajesh Bansal And Ors., Ms. Justice Mukta Gupta delivered a positive finding of the ‘essentiality’ of Philips’ patent, and held that the defendants, local manufacturers, in manufacturing standard-compliant DVD players were infringing this patent. Background Plaintiff, in 1995, registered Patent No. 184753…


Read More »
Copyright

In A Blow to Creative Industry, Delhi High Court Upholds Constitutionality of Rule 56 etc. of Copyright Rules, 2013


In a judgment delivered on May 28, 2018 (and which slipped under the radar until Shamnad was alerted to it), a Division Bench of the Delhi High Court has upheld the constitutionality of some provisions of the Copyright Rules, 2013 that were challenged by Anand Bhushan of Pitambar Publishing Co. Ltd. Originally the petitions filed by Mr. Bhushan in 2013 challenged several provisions of the Copyright Act and Copyright Rules. As the matter lay pending, the scope of the constitutional…


Read More »
Plant Variety Protection

Problems with the Indian Plant Varieties Regime (II): Helping Seed Companies at the Cost of the Farmer?


Last week, we had brought to you the first post in an ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on India’s problematic plant varieties’ regime. We are pleased to now bring to you the second post in the series. Problems with the Indian Plant Varieties Regime (II): Helping Seed Companies at the Cost of the Farmer? Prof. (Dr.) N.S. Gopalakrishnan One of the main objectives of the Protection of Plant Varieties and Farmers’ Right Act, 2001 “is to…


Read More »
Patent

How an Indian Supreme Court Ruling (on Pharmaceutical Patents) Created a Chinese Blockbuster!


Too far fetched? Actually not quite. An Indian patent ruling did produce a big blockbuster. Not a drug, but a movie! Titled “Dying to Survive”, this Chinese film is turning out to be a big hit and making the cash registers ring. Here are some excerpts from an Indian Express piece. (For those interested, Quartz and the Daily-O also ran interesting pieces on this dark comedy.) “A Chinese black comedy, a movie lauding the benefits of generic anti-cancer drugs manufactured…


Read More »
Others

SpicyIP Fortnightly Review (June 24-July 7)


We have had an eventful fortnight at the blog: Thematic Highlight For our thematic highlight, we had a guest post from Prof. N.S. Gopalakrishnan. In the first of a series of posts, he writes about the problems in the Indian plant variety regime. In this post, he argues that the ‘enclosure movement’ in extant and farmers’ varieties is resulting in commonly available varieties being monopolised by private players. This has resulted in the plant variety regime working against the farmers since it reduces their…


Read More »
Others

Notes from the WIPO-WTO colloquium for Teachers of Intellectual Property from Developing Countries and Countries in Transition


Last month, I had the opportunity to attend the colloquium for IP teachers from developing countries that is organized jointly by the World Trade Organisation (WTO) and World Intellectual Property Organisation (WIPO). The event brings IP teachers from almost 30 different developing countries to Geneva, Switzerland, at the expense of WIPO-WTO for a rigorous and fun, 10 days event. The colloquium is a rare opportunity to meet IP academics from developing countries and hear about their national experiences in the…


Read More »
Geographical Indication Trademark

Australia’s Big Win at the WTO: Plain Packaging of Tobacco Likely to Pick Up!


In 2012, Australia was the first country to adopt plain packaging measures for tobacco products. Several countries such as France, Ireland, UK etc. followed suit and other countries such as India have initiated legislative processes for introduction of such measures. Plain packaging laws and measures generally impose requirements of removal of logos, minimal branding and colouring, and warning signs. These laws have attracted a lot of debate in recent times since opponents of these laws (mainly tobacco producers) claim that…


Read More »
Copyright

Huge Win for Copyright Owners: India Signs up to Internet Copyright Treaties!


On July 4, 2018, the Union Cabinet approved the proposal to accede to the WIPO Copyright Treaty, 1996 (‘WCT’) and the WIPO Performance and Phonograms Treaty, 1996 (‘WPPT’). These treaties are part of a series of international instruments created by the World Intellectual Property Organisation (‘WIPO’) to promote the protection of intellectual property throughout the world. They are commonly referred to as the ‘WIPO Internet Treaties’ due to their emphasis on protection of rights in a digital environment. While India…


Read More »