Patent

The Politics of Patent Citations: Are Some Scholars More Equal than Others?


Last week, I was in for a bit of a shock! Spotted this piece on SSRN that touts the idea of an “investment protection regime” for new inventions. I’d mooted the very same idea (an investment protection regime for inventions) in my PhD thesis more than 8 years ago. This was later published (around 6 years ago) in the Journal of World IP,  as below: Shamnad Basheer, “The Invention of an Investment Incentive for Pharmaceutical Innovation”, 15 Journal of World…


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Others

SpicyIP Jobs: Senior Associate (Media Law) at a Mid-Size Law Firm in Mumbai


We are pleased to inform you that a leading mid-size law firm in Mumbai is looking to immediately hire a media lawyer for the position of a Senior Associate. For further details, please read the job description below: Position: Senior Associate – Media Law Responsibilities: The candidate must have transactional experience in music industry and digital media. He/she must have extensive experience in media and entertainment related transactions including in relation to copyright in music, music publishing issues, content production and…


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Trademark

Groundless Threats of Trademark Infringement Result in Ex-Parte Order Preventing the Defendant from Initiating Ex-Parte Proceedings


In Kokanratna Holiday Resorts vs. Millennium & Copthorne International Limited, the Bombay High Court recently passed an order that required the Defendant to give prior, written notice of 7 days to the Plaintiff before initiating any legal proceedings against them pertaining to the trademark ‘Hotel Millennium Park’. The order passed ex parte by Justice Kathawala, therefore precludes the Defendant from initiating ex parte proceedings to claim interim relief against the Plaintiff. Background and Decision The Plaintiff is a hotel based…


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Others

SpicyIP Weekly Review (November 5-11)


SpicyIP has been bustling with posts this week. Here’s the roundup: Thematic Highlight As part of the ongoing series on the problems with the Indian plant varieties regime, Prof. N. S. Gopalakrishnan shared the second part of his guest post that critiques farmers’ rights in India. In this part, he delves into the practical applications of the provisions of the PV Act with respect to benefit sharing, compensation under Section 41, the functioning of the gene fund and recognition for…


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Others

Bench Fixing Allegations Haunt Trademark Litigation Before the Delhi District Courts


Less than a month ago, Livelaw and Bar & Bench reported on shocking allegations of bench fixing in a number of trademark infringement cases filed by KRBL Ltd. before the Delhi District Courts through the law firm K.G. Bansal & Co. The issue came to light when one of the litigants, Capital Ventures Pvt. Ltd. which had been sued by KRBL Ltd. for trademark infringement filed a contempt petition before a Division Bench of the Delhi High Court. Ordinarily it…


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Copyright

The Government Moots Proposal to Amend Sports Broadcasting Law – Deadline for Comments is December 31, 2018


Since the dawn of private sports broadcasting in the early nineties, private broadcasters and Prasar Bharti, which is the government owned broadcaster, have been constantly squabbling over the sharing of broadcast signals of international cricket matches featuring Team India which is officially owned by the Board of Cricket Control of India (BCCI).  Boria Majumdar has a very interesting account of these early battles in this article published in Open. These disputes often end up before the Supreme Court which in…


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Patent

The 2018 Patent Agent Examination – Discrepancies and Some Fundamental Issues


We’re pleased to bring to you a guest post highlighting the discrepancies in this year’s Patent Agent Examination that was held last month on October 28. The post also raises a few fundamental and larger issues afflicting this exam. The author of this post wishes to remain anonymous. Our earlier posts discussing the concerns regarding the conduct and nature of this exam can be viewed here. The 2018 Patent Agent Examination – Discrepancies and Some Fundamental Issues Anonymous The Indian…


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Competition Law Patent Unfair Competition

US Court Grants Federal Trade Commissions Motion: Qualcomm Must License Any Willing Company, Including Rival Chip Makers


This is a monumental development: Judge Lucy H. Koh of the  Northern District of California has held that Qualcomm must license any willing licensee – this includes rival chipmakers, such as MediaTek or Intel or any other player.  This is huge: Qualcomm admittedly had never licensed any of its competitors.   Hence the decision may be read to hold that Qualcomm is in breach of its FRAND commitments. In my view, this judgement is also valuable from another perspective: Whether chipsets can…


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Trademark

Delhi High Court Examines Intermediary Liability for Trademark Infringement (Part – I)


In a significant judgement for e-commerce in India, the Delhi High Court in Christian Louboutin SAS v Nakul Bajaj and Ors., (decided on November 2), has recently attempted to clarify the responsibilities and liability of online intermediaries for trademark infringement. The judgement both clarifies and in some part obfuscates India’s intermediary liability regime as it relates to trademark infringement. Ms. Justice Prathiba Singh’s judgement is particularly important considering it is the first time the issue of trademark infringement by online…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (II)?


We’re pleased to bring to you Part II of the fifth post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. Part I of the post can be viewed here and all the earlier posts in the series, here. Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (II)? Prof. (Dr.) N.S. Gopalakrishnan Concept of benefit sharing The origin and development of the concept of benefit sharing is…


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