SpicyIP Weekly Review (23-29 November, 2015)

spicyip weekly review

Highlight of the Week

This week’s highlight was Rupali’s post on the newly released draft trademark rules. She notes that provisions for free searches have been deleted, and that fees for most other filings have seen a substantial bump. While there are other new provisions, such as for sound marks, she concludes that nothing in the draft is aimed primarily at backlog elimination (unless the increased revenue is re-invested into TM office infrastructure)

Thomas started off this week with some cheer for our practicing readers, announcing the INTA’s first-of-its-kind guide on GIs, Certification Marks and Collective Marks, to be launched in December.

Gopika added to the cheer with an update on a development Swaraj had covered earlier. Switzerland and the US have apparently done a volte-face on their earlier decision to push for the introduction of Non Violation Complaints (a la GATT/GATS) within the TRIPS framework.

She also carried a call for papers for the Indian Journal of Law and Technology. [The deadline is 11:59pm, Jan. 31, 2016.]

Rounding off this week’s bunch was my post on the encroachment of an IP-like mindset to cultural expression, in which I wonder what foreign users of indigenous cultural artefacts can do to steer clear of cultural appropriation accusations. There’s some Star Wars along the way, for those of our readers interested by that.

International Developments

  • Nigeria’s prolific film industry is at loggerheads with the Nigerian Copyright Commission over disagreements on copyright law reform.
  • Germany’s Supreme Court has held that ISPs can be ordered to block websites that engage in piracy. A district court in Sweden, on the other hand, has said almost exactly the opposite.
  • The Pfizer-Allergan merger may have huge implications for pharma lobbying in the US.

Balaji Subramanian

Balaji is a third year student at NALSAR, Hyderabad. He is currently an editor of the Indian Journal of Intellectual Property Law. He is fascinated by technology law and IP law, and is an active member of NALSAR's Technology Law Forum. When he isn't doing law school things, he wanders the country looking for quizzes to participate in. He can be emailed at [email protected]

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