Topical Highlight Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles In a guest post, Abhishek Iyer discussed the issue of intermediary liability in light of the Telegram copyright infringement case. The post first discusses the burden of knowledge with respect to e-notices to understand Telegram’s liability given the requirement of ‘specific and actual knowledge’ of intermediaries with respect to infringement of copyrighted material. The doctrine of inducement used in US Courts is discussed to determine Telegram’s…

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law?

by SpicyIP July 10, 2020

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We’re pleased to bring to you a guest post by our fellowship applicant, Adyasha Samal. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her first submission for the Fellowship. In this post, she explores issues relating to morality based prohibitions in trademark law in light of the Court of Justice of the European Union’s decision permitting the registration of the ‘Fack Ju Göhte’ mark earlier this year. We’ve had several posts on the issue of…

Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles

by SpicyIP July 9, 2020

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We’re pleased to bring to you a guest post by Abhishek Iyer. Abhishek is a 3rd year student at the Gujarat National Law University (GNLU), Gandhinagar. Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles Abhishek Iyer Circulation of e-newspapers and its validity under copyright law have been regularly put on debate, SpicyIP had recently discussed it here. On similar lines, popular news publisher Jagran Prakashan Limited (‘Plaintiff’), found their e-paper being freely circulated online, through messaging…

Drug Regulation Patent

DPCO’s Para 32 Conundrum Continues: Price Control Exemptions for Newly Patented Drugs

by Namratha Murugeshan July 8, 2020

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Earlier in February, I had written about a petition filed by AIDAN challenging Paragraph 32 of the Drug (Prices Control) Order 2013 (DPCO) and the Drug (Prices Control) Amendment Order, 2019. Para. 32 of the DPCO creates a provision for the exemption of certain drugs from price control. One of the exemptions under Para. 32, brought in through the 2019 amendment, is for ‘new drugs’ patented under the Indian Patents Act, 1970. The latest provision, after the amendment, reads –…

Trademark

Book Release: ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’

by SpicyIP July 7, 2020

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We’re pleased to bring to you a guest post by Eashan Ghosh on his recently released book ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on his Medium page. He has written several guest…

SpicyIP Weekly Review (June 29 – July 5)

by SpicyIP July 6, 2020

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[This post has been authored by Rishabh Joshi, a 4th year student at Gujarat National Law University (GNLU), Gandhinagar.] Topical Highlights Nationalism, Drugs and Public Interest – Remdesivir and Beyond Swaraj highlights how nationalism can hinder public health in light of the ‘drug hoarding’ (Remdesivir) by the United States. He first starts by talking about how Remdesivir is not the most effective treatment for the COVID-19 virus as the improvement rate is not so high. He briefly discusses the intermingling…

COVID-19 Drug Regulation Patent

Nationalism, Drugs and Public Interest – Remdesivir and Beyond

by Swaraj Paul Barooah July 4, 2020

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A few days ago, the US Department of Health and Human Services (HHS) announced that their President has struck an ‘amazing deal’ with Gilead, that ensured nearly all of Gilead’s projected production of Remdesivir for the next three months are secured by the US. “Nearly all” in this case, refers to 100% of Gilead’s projected production of Remdesivir for July, and 90% of the projected production for August and September. This is after US has already kept about 60% (940,000)…

A Look at the WTO Panel Report in ‘Saudi Arabia- Measures Concerning the Protection of Intellectual Property Rights’

by SpicyIP July 4, 2020

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Football fans may be aware of the joint statement last year by various sports bodies including Fifa, LaLiga, Premier League, and others, against the Saudi Arabia based beoutQ broadcaster for their unauthorized streaming of content on a commercial scale, as well as their (i.e., the copyright holders) inability to obtain legal counsel in Saudi Arabia in this matter, among other issues. In the meanwhile, Qatar had taken this matter to the WTO, and on 16th June 2020, the WTO Panel…

Trademark

Sri Krishna Sweets Trademark Dispute: Madras HC’s Take on SC’s Patel Field Marshal Judgment

by Arun C Mohan July 3, 2020

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The Hon’ble Madras High Court recently explored the contours of the rather well known Patel Field Marshal judgement (covered on the blog here and here) in M. Murali v. Sri Krishna Sweets Private Limited. Patel Field Marshal judgment The takeaways from the Patel Field Marshal judgment are quite straightforward. The Hon’ble Supreme Court held that all questions regarding the validity of a registered trademark are to be decided by the IPAB, thereby precluding the jurisdiction of civil courts. The IPAB’s…

Copyright and Webinars: Ownership, Licensing and Fair Use

by SpicyIP July 3, 2020

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We’re glad to bring to you a guest post by our Fellowship applicant, Shivam Kaushik, discussing issues relating to copyright ownership, licensing and use of the content and recordings of webinars under the Indian copyright law. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. His previous guest post on the blog can be viewed here. Copyright and Webinars: Ownership, Licensing and Fair Use Shivam Kaushik Covid-19 has brought all the conventional learning methods to a…