2020

graffiti saying "Secret Party, shhh"

What MoU? What Review of IP Acts?

/ By / Others

Yesterday evening, Reuters sent out a short report titled “India clears accord on intellectual property rights with U.S.” It contained the following three lines: NEW DELHI (Reuters) – India’s cabinet on Wednesday approved a plan to sign an initial pact on intellectual property rights with the United States, a government minister said, days ahead of a visit by U.S. President Donald Trump. The United States has long urged India to strengthen protection for intellectual property and that has been a […]

What MoU? What Review of IP Acts? Read More »

US flag vs India flag

The GIPC IP Index 2020: The Misleading Saga Continues

/ By / Innovation, Others, Patent

(This post has been co-authored with Bhavik Shukla) Recently, the Global Innovation Policy Center (“GIPC”) released the 2020 edition of its international IP Index. Titled “Art of the Possible”, the report lays emphasis on a strong IP ecosystem to make the art of transformation of economies to 21st century knowledge-based economies possible. It has unfortunately continued with the same flawed indicators from the previous years. In the past, one of the authors of this post and Kartik have elaborately discussed

The GIPC IP Index 2020: The Misleading Saga Continues Read More »

IPRS Take on Yash Raj Films Over Misappropriated Royalties

/ By / Copyright

The Indian Performing Rights Society (IPRS), India’s only copyright society with statutory sanction to collect royalties on behalf of authors, composers and producers of music, is going after Yash Raj Films (YRF) for misappropriating royalties of its members. Last November, an FIR was filed against YRF in Mumbai under Sections 409 and Section 34 of the Indian Penal Code, as well as Section 63 of the Copyright Act, alleging that YRF has committed a criminal breach of trust (CBT) and

IPRS Take on Yash Raj Films Over Misappropriated Royalties Read More »

SpicyIP Fortnightly Review (February 3 – 17)

/ By / Others

(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Last week, Eashan wrote a post on the judgment of the Delhi HC in Amazon Seller Services v. Amway India Enterprises. Through this judgment, the Court set aside the Single Judge’s order which had restrained various e-commerce platforms from selling products of ‘direct selling’ companies without their consent. In the post, he critically discusses the appellate court’s approach in reversing the findings of

SpicyIP Fortnightly Review (February 3 – 17) Read More »

Players playing table-tennis

The Ping-Ponging Paradigm of Patenting Computer Programmes in India (“Software Patenting” 1999-2020)

/ By / Patent

Patents for Computer Related Inventions (CRIs) or “Software Patents” have, unfortunately, been an evergreen issue in India, with much confusion, lobbying, changes, misunderstandings, and anything else one could imagine, playing its role at some point or the other. As Shamnad had once written – its indeed confusingly confounding! Readers may recall a recent post which discussed the Ferid Allani order. As Sandeep Rathod helpfully pointed out in the comments on that post – that patent application has once again been

The Ping-Ponging Paradigm of Patenting Computer Programmes in India (“Software Patenting” 1999-2020) Read More »

Madras HC: No Right to Demand Mandatory Sharing of Sports Broadcasts Over the Internet

/ By / Copyright

The Madras High Court, in its judgement in Adithya Modi v Union of India and Ors., has refused to mandate Prasar Bharati to stream sports broadcasts shared under the Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 (“Sports Broadcasts Act”) over the internet. Instead, the Court has ‘directed’ the respondents (Ministry of Information, Ministry of Sports and Prasar Bharati) to consider the matter and make appropriate policy recommendations. Background and the Saga of Sports Broadcasting in India The

Madras HC: No Right to Demand Mandatory Sharing of Sports Broadcasts Over the Internet Read More »

Amazon v. Amway: A Growing Appellate Scrutiny Problem

/ By / Trademark

We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court Division Bench’s decision that set aside the Single Judge’s order restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about

Amazon v. Amway: A Growing Appellate Scrutiny Problem Read More »

Reflecting Upon the Quality of Innovation and Its Future Roadmap in India

/ By / Innovation, Patent

We’re pleased to bring to you an interesting and insightful post by Mohd Shadab Danish on the long-debated relationship between patents, innovation and economic growth. Shadab is a PhD scholar (Economics) at IIT Indore. The post is particularly timely and relevant in the backdrop of PM Modi’s recent speech wherein he urged the young scientists of the country to “Innovate, Patent, Produce and Prosper”, (seemingly) on the assumption that any and all innovation and patenting by them will make our

Reflecting Upon the Quality of Innovation and Its Future Roadmap in India Read More »

Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies

/ By / Others, Trademark

Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling Entities (the DSEs), Amway, Modicare and Oriflame against e-commerce platforms including Amazon, Snapdeal and Flipkart (the defendants). The DSEs engage direct sellers of their products to sell, distribute

Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies Read More »

SpicyIP Fortnightly Review (January 21 – February 2)

/ By / Others

[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Last week, we received an anonymous post on the recent judgment of the Delhi HC in Astrazeneca v. Emcure and Astrazeneca v. MSN. Through this order, the Court held that a species patent can be granted and is enforceable even when an already existing product is covered by a genus patent. The author is of the opinion that this decision suffers from certain

SpicyIP Fortnightly Review (January 21 – February 2) Read More »

Scroll to Top