Patent

Who am I? Branding the Indian Patent Office as an “Adjudicative Regulator”


Some of you may have heard of an exceptional book series on intellectual property (IP) called “Kritika”. Published by Edward Elgar and edited by the wonderful trio of Professor Peter Drahos, Hanns Ullrich and Gustavo Ghidini. In their third volume, we (Rahul Bajaj and me) have contributed a chapter on the Indian patent office titled “Who am I? Of Patent Independence and ‘Adjudicative Regulators’”. This SSRN link offers you a free download of the near final version of this piece….


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Publication

Call for Submissions for Vol. 15 of the Indian Journal of Law and Technology


We are pleased to announce that the Indian Journal of Law and Technology (IJLT) is inviting original and unpublished manuscripts for publication in Volume 15. For further details, please see the call for submissions below: The Board of Editors of the Indian Journal of Law and Technology (IJLT) is pleased to invite original and unpublished manuscripts for publication in Volume 15 due to be submitted by the 10th of May, 2019. About the Journal The Indian Journal of Law and…


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Events

SpicyIP Events: Interactive Session on “Best Practices in IPR” by PHD Chambers of Commerce and Industry & United IPR on World IP Day [April 26, 2019]


We’re pleased to announce that PHD Chambers of Commerce and Industry in collaboration with United IPR is organizing an interactive session on ‘Best Practices in IPR’ on April 26, 2019 in New Delhi. For further details, please read the announcement below: Event on “Best Practices in IPR” this World IP Day at PHD House, New Delhi In the spirit of celebrating this World IP Day, PHD Chambers of Commerce and Industry in collaboration with United IPR is organizing an interactive…


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Others

SpicyIP Weekly Review (April 15-21)


In a guest post, Shalini Bhutani argues that the Protection of Plant Varieties and Farmers Rights Act 2001 is likely to have a detrimental impact on the well being of farmers. She highlights the recent string of  lawsuits filed by PepsiCo India, asserting breeder rights in varieties of potatoes against farmers in Gujarat, to caution that the pro-farmer aspects of the legislation could be in serious threat. SpicyIP Events Pankhuri informed us of the 2019 WIPO-UNIGE Summer School that will…


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Plant Variety Protection

The ‘Farmers’ Rights’ Law Lays the IPR Trap


We’re pleased to bring to you a guest post by Shalini Bhutani. Shalini is an India-based independent legal researcher and policy analyst working in the Asian region. The ‘Farmers’ Rights’ Law Lays the IPR Trap Shalini Bhutani One day intellectual property rights (IPRs) in the seed sector granted to MNCs would entrap farmers. This is precisely what farmers’ groups and concerned citizens in the country had been warning against, ever since India chose to introduce IPRs through the Protection of…


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Others

SpicyIP Events: 2019 WIPO-UNIGE Summer School in Geneva in June! [June 24-July 5]


We’re pleased to inform you that the 2019 WIPO-UNIGE Summer School will be conducted in Geneva from June 24 to July 5, 2019. The deadline for applications is May 15, 2019. For further details, please read the announcement below. 2019 WIPO-UNIGE Summer School in Geneva in June! Interested in spanning the IP Globe in 2019? Join the WIPO-UNIGE Summer School in Geneva! The Summer School, this year in its 9th edition, gathers each year participants from around the world with…


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Others

SpicyIP Weekly Review (April 8-14)


Topical Highlight Divij wrote a post on India’s first ‘dynamic’ website blocking injunction, issued by the Delhi High Court. This order allows for the plaintiff to apply for the extension of an injunction to ‘mirror/redirect/alphanumeric’ websites (that contain the same content as the original prohibited website) to the Joint Registrar of the Delhi High Court. Thematic Highlight I wrote a post on the nature of orders and quorum requirements at the IPAB, in light of the orders passed despite continued…


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Copyright

Breaking: Delhi High Court Issues India’s First ‘Dynamic’ Website Blocking Injunction for Copyright Infringement


Online piracy, that bugbear of copyright owners, has received significant attention from courts in India and abroad, which hope to craft an elegant solution to protect rightsholders interests in a digital economy, who face inherent limitations considering the manner in which data sharing and information flows over the internet work. The Delhi High Court through its judgement in UTV v 1337x.to, delivered on April 10, has made a significant contribution to this jurisprudence in India, particularly by crafting a new…


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Others Trademark

The Nature of Orders and Quorum Requirements at the IPAB (Part I)


In January, I had written a brief post alleging the illegality of the hearings conducted and the orders passed by the IPAB. I had argued that the IPAB had violated the law because it failed to meet the quorum requirements under provisions of the Trade Marks Act, 1999 read with the IPAB (Procedure) Rules, 2003 (‘quorum requirements’) when conducting hearings and passing orders. Since the retirement of Technical Member Sanjeev Kumar Chaswal on December 5, 2018, the IPAB has remained…


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Comparative Advertising Trademark

All About Men’s Fairness Creams and Generic Disparagement


In a country where a person’s beauty is usually based on the melanin content in one’s skin, products promising fairness and “even skin tone” are abundantly available in the Indian cosmetics industry, most of which target the fairer sex (pun intended) as their main customer base. Lately, however, the Indian cosmetics industry has been acknowledging changing gender roles and the  shift from traditional perceptions of masculinity and femininity by introducing beauty products especially targeted towards men, including fairness products. A…


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