Monthly Archives: August 2017

Others

The Disturbing Trend of Inaccuracy in IP News Reporting:  How to Stem the Malaise?

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We are pleased to bring to you a guest post by Vasundhara Majithia on the disturbingly increasing trend of inaccuracy in news reporting on IPR issues. Vasundhara is a recent graduate of NLU, Jodhpur and is currently practising IP law in Delhi. As most of our readers must have experienced at some point, Indian media is in the habit of misreporting IPR issues. They tend to use terms like ‘patent’, ‘copyright’, ‘trademark’ and ‘GI’ interchangeably, little realising that these are distinct…


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Publication

Call for Papers: International Academy of Comparative Law; Submit Paper Abstracts By March 30, 2018

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We are pleased to announce that International Academy of Comparative Law (IACL) is inviting scholars and practitioners of all levels of experience to submit paper proposals for a special session on ‘Sharing Economy and the Law’, to be held on July 29, 2018 in Fukoka, Japan. The last date for submission of paper abstracts is March 30, 2018. For further details, please see the call for papers below: International Academy of Comparative law GENERAL CONGRESS 22-28 July 2018 Fukuoka, Japan…


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Plant Variety Protection

Supreme Court Stays Delhi High Court Judgment Striking Down Sec. 24(5) of Plant Varieties Act

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Last December, I had covered a judgment delivered by a Division Bench of the Delhi High Court striking down Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA). This provision empowers the registrar of plant varieties to issue interim directions to prevent abusive conduct by third parties during the period between the filing of an application for the registration of a plant variety and the making of a final decision as regards the grant of registration….


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Privacy

Content Neutrality of the Self: Criminals Be Warned!

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Here at SpicyIP, we’re a bunch of zealous IP nerds and geeks. Think of us as a Comic-con for IP, but running all through the year. One of the topics that has got us into a tizzy recently is that of content neutrality in IP. Just look at our track record this past year: We had one of the most distinguished IP Judges in India, Justice Gautam Patel, write for us on content neutrality in Copyrights. This was followed by…


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Patent

Behind the Scenes: The Making of the 2017 CRI Guidelines

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(2,700 words, approximately ten-minute read.) In July this year, we covered the Indian Patent Office’s decision to revise its examination guidelines for Computer Related Inventions (“CRI Guidelines”). We noted that it was the third set of guidelines released in as many years – the guidelines were first issued in August 2015, suspended and kept in abeyance until February 2016, when a fresh set was issued which almost entirely contradicted its predecessor. We have dealt with the substance of the guidelines…


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Trademark

The Turning Point Cases – Part II

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In this two-part post, Eashan Ghosh analyses the recent judgment of the Delhi High Court in Turning Point Institute v. M/s Turning Point. Part I of the post can be viewed here. The Turning Point Cases – Part II Eashan Ghosh The Defendants’ Claim of Honest Concurrent Use  On, then, to the Defendants’ claim that they were entitled to use the ‘TURNING POINT’ trademark on substantive grounds. Their submission to this effect hinged on the honest concurrent use defence. However, framed as such, this was…


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Trademark

The Turning Point Cases – Part I

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We are pleased to bring to you a two-part guest post by Eashan Ghosh on the recent Delhi High Court’s judgment in Turning Point Institute v. M/s Turning Point. Eashan graduated as a gold medalist from NLSIU, Bangalore and with distinction honours from the University of Oxford. He has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and has taught intellectual property law at NLU Delhi and NLSIU, Bangalore. He has published articles in…


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Others

The Mystery around Appointment of IPAB Chairman Thickens: DIPP Says It is Still under Consideration

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Last week, I had drawn our readers’ attention to an information note available on a Department of Personnel & Training website which states that Justice (Retd.) Manmohan Singh’s proposal appointment as IPAB Chairman has been approved by the Appointments Committee of the Cabinet (ACC) and that the DIPP has been informed of the same. However, strangely, the DIPP still doesn’t seem to have received any information in this regard. In a reply to a tweet by one of our readers,…


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Others

SpicyIP Weekly Review (August 20-26)

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Topical Highlight: Prashant discussed the effect of the recent landmark SC Judgment, that clarified privacy being a fundamental right, on personality rights of celebrities. His discussion points were: i. Brief overview of celebrity rights and passing off. ii. The introduction of celebrity rights and Article 21 privacy claims. (‘Auto-Shankar‘ case) iii. Distinction between horizontal and vertical enforcement of privacy rights. iv. Potential for censorship in light of broad understanding of the ‘private‘. Thematic Highlight:  Sreyoshi came up with a two part…


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Trademark

SLP against Del HC Order Granting Permission to Market New Biosimilars for Additional Indications Withdrawn

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It is reported that Roche has withdrawn the SLP against Delhi HC judgment that granted permission to market new biosimilars for additional indications. As per Livelaw, the Supreme Court bench of Justices R.K.Agrawal and Abhay Manohar Sapre, noted in its Order, on August 11: “A letter has been circulated by learned counsel for the petitioners seeking permission to withdraw these Special Leave Petitions.  Permission granted. The Special Leave Petitions are dismissed as withdrawn.” The Order is available here. Background SpicyIP…


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