2014

Delhi High Court to Test the Vires of S.15(2) of the Copyright Act: Mukul Goyal v. UoI

/ By / Design

Before the year ends, we thought it fit to bring you a hard hitting IP development that will have significant ramifications for the future of the copyright design interface. The highly controversial S.15(2) of the Indian Copyright Act has come under the juridical scanner of the Delhi High court in Mukul Goyal v. Union of India and Ors. (W.P. 8356 of 2014). Anand and Anand in a commendable effort is representing the petitioner who is raising a constitutional challenge under […]

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Guest Post: Innovation in the time of SEPs & FRAND licensing

/ By / Innovation, Patent

As his first entry to our SpicyIP Fellowship applicant series, Kartik Chawla brings us an interesting post looking at the smartphone patent wars from an innovation perspective. He says a disruption in the smartphone sector may help overcome some of the issues that are cropping up with all the SEP and non-SEP related licensing trouble. Kartik is a 3rd year student from Nalsar University of Law, Hyderabad and has written some guest posts for us earlier here. [Readers interested in finding out more

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Guest Post: Seeking Clearance under Section 39 of the Patents Act? Think Again!

/ By / Patent

With his 2nd submission to our SpicyIP Fellowship applicant series, Aabhas Kshetarpal brings us a very interesting post looking at a recent decision of the Delhi High Court on the interpretation of section 39 of the Patents Act. He points out that the decision means that applicants filing a PCT application by way of a section 39 clearance may inadvertently delay their international filing date. He then goes on to suggest that the Court’s interpretation of the section may be incongruent with the

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Guest Post: Google Books in the Clear: The Appeal Process a Mere Formality?

/ By / Copyright

We’re happy to bring you the 1st entry selected for our SpicyIP Fellowship applicant series! Aabhas Kshetarpal is a 4th year student at NLU, Jodhpur. In this post, he looks at the current status of the ongoing Google Books Library Project case and brings forth an interesting, even if possibly presumptive opinion that the bench seems to have already shown what direction they’d be taking with this case. Read on for more. [Readers interested in finding out more details about our SpicyIP

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Travelling Fellowship Award – ITechLaw [Deadline extended – 5th Jan]

/ By / Event

ITechLaw is inviting applications for their travelling fellowship award for lawyers with a minimum of three years work experience in ICT law to work with six renowned law firms in Europe. It looks like a fantastic opportunity, don’t miss the 5th January, 2015 deadline [edited]!! Here are some details about the program: “In honor of the host country of the 2015 International India Conference, the International Technology Law Association (ITechLaw), with the assistance and support of sponsoring law firms, will

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Annual IP Teaching Workshop At NLU Delhi

/ By / Event

We are happy to bring to your attention the IV Annual IP Teaching Workshop at NLU Delhi on 14th and 15th February, 2015. Please note that the last date for submitting the application is January 5, 2015. IV Annual IP Teaching Workshop – 2015 14th & 15th February, 2015 National Law University Delhi Organised by National Academy of Law Teachers, National Law University Delhi in association with School of Law, University of Washington, Seattle USA Background: IV Annual IP Teaching

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Free Webinar on Eligibility of Software Patent Claims in the USA by ipMetrix

/ By / Event

On 6th January 2015, ipMetrix is hosting a free webinar on  ‘Eligibility of Software Patent Claims in the USA in view of DDR Holdings, LLC v. Hotels.com, L.P.’. Event details are as follows: ‘Bilski and Alice have set the standard of review required in assessing eligibility of patent claims aimed at software based inventios. As it stands, business methods and software based inventions are not barred from patent eligibility as such. However, a case by case approach to review eligibility

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Darius Kavsmaneck v. Ghadra Chemicals: A Derivative Action Patent Suit

/ By / Patent

The Bombay High Court on 12th December, 2014 came out with an interesting decision that was a confluence of company law and patent law. Using the principles of company law, the Court decided that the plaintiff in this case cannot bring a derivative action suit to restrain the defendant from alienating a patent that is held in his name. The plaintiff was a shareholder of company ‘A’, which is the first defendant. The suit was against the Chairman of the Company

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A note of caution on ‘Make in India’

/ By / Others, Trademark

[*Long post] Given the media publicity, most of you must have come across the new flagship program of Narendra Modi Government – the ‘MAKE IN INDIA’ program. The program is designed to facilitate investment, foster innovation, enhance skill development, protect intellectual property and build best-in-class manufacturing infrastructure. At the outset, I would like to commend the way in which the program has been put across (or say, marketed) to the rest of the world. As I understand, Indian diplomatic missions were

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SpicyIP Events: IP Emerging Issues

/ By / Event

University of Washington School of Law and Indian Society of International Law is organizing an exciting event on January 16, 2015 on ‘IP Emerging Issues Dialogue’. Many distinguished speakers from around the world including judges from the U.S., Australia, India, academics from Thailand, U.S., Japan, China and India, representatives from the WIPO, USPTO, Bayer (Germany), Microsoft (India) will be speaking on a global IP issues, Role of Patents in Medical Science Innovations, Access to Health Care, and Standard Essential Patents. Our

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