2021

SpicyIP Weekly Review (March 22 – 28)

/ By / Copyright, Design, Patent, Trade Secret, Trademark

Topical Highlight Delhi HC Looks Into Access And Innovation Questions On Rare Diseases In this post, Swaraj analyses an order issued by Justice Prathiba M. Singh of the Delhi High Court with regards to patients suffering from ‘rare diseases’. The order sets out three major directives: a) requiring the government to finalize the long pending National Health Policy for Rare Diseases, b) setting up of a ‘National Consortium for Research and Development on therapeutics for Rare Diseases’, and c) setting […]

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Lego Succeeds at EU Level for the Simplest of Reasons

/ By / Design

Earlier this week, the General Court of the European Union (part of the Court of Justice for the European Union or the ECJ) ruled in favour of Lego in Case T-515/19. The Board of the appeal of the EU IPO had declared Legos community design registration number 1664368-0006 corresponding to the description “building blocks for a toy building set”. The Board of the appeal of the EU IPO had overturned a decision of the EU IPO in a cancellation proceeding

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Some Musings on Supreme Court’s Judgement on Taxation of Software

/ By / Copyright

A recent post on blog already carries an analysis of the latest Supreme Court judgement in the case of  Engineering Analysis Centre of Excellence Private Limited v. The Commission of Income Tax and Anr. The judgment concerned the classification of payments under distribution agreements/end-user license agreements (EULA). The specific question was whether such payments amounted to “royalty” under Section 9(1)(vi) of the Indian Income Tax Act, 1961, thereby giving rise to income taxable in India for foreign residents. After accounting

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Delhi HC Looks Into Access And Innovation Questions On Rare Diseases

/ By / Innovation, Others

Through a series of directions issued in an order on 23rd March, Justice Prathiba M. Singh of the Delhi High Court may have finally pushed into action what the Central Government has been sitting on for years with regards to patients suffering from ‘rare diseases’. The current order related to a batch of petitions that involved 12 children with Duchenne Muscular Dystrophy (DMD), 2 children with Hunter Syndrome, and 1 adult with Hippel-Linau Syndrome, and the declared inability of the

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Copyright and Trademark Offences – Bailable or Not?: Bombay HC Also Weighs In

/ By / Copyright, Trademark

Recently, the Bombay High Court was faced with a controversial question of law while hearing an anticipatory bail application. The bail application was filed in response to a criminal report registered, inter alia, under Section 63 of the Copyright Act and Section 103 of the Trade Marks Act. The primary issue addressed by the court was whether these offences are bailable in nature or non-bailable. The court ruled on the side of the latter, holding these offences to be non-bailable.

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picture of freddie mercury with the caption "I want to ride my Bike!"

Hero Electric v. Lectro E-Mobility: Ambiguated Arbitrability of IP Disputes?

/ By / Copyright, Patent, Trade Secret, Trademark

We’re pleased to bring you a guest post by Lokesh Vyas on a recent Delhi High Court decision on arbitrability of IP disputes. Lokesh is a 5th year student at Institute of Law, Nirma University, Ahmedabad. He has written for us earlier on the absence of rights of film directors, here. Edit: Readers may also be interested in the post listed in response to this post, here. Hero Electric v. Lectro E-Mobility: Ambiguated Arbitrability of IP Disputes? Lokesh Vyas The

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Intellectual Property Rights in Covaxin – Part 1 (Waiver of IPRs)

/ By / COVID-19, Drug Regulation, Patent

(This post has been co-authored by Anik Bhaduri and myself. Anik is a fourth year student at NALSAR University of Law, Hyderabad.) A recent piece in the Economic Times argued that the Indian government should buy out the intellectual property rights to Covaxin, to bolster the commitment to its WTO proposal along with South Africa, to waive all IPRs on patents, copyright, industrial design and undisclosed information pertaining to vaccines for Covid-19 (covered previously on the blog here, here and

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Call for Chapters: Inclusive Wealth Generation through IP Commercialization

/ By / Opportunities, Publication

Readers who have a paper in progress may be interested in this announcement – that the WBNUJS IP Chair is inviting papers for a book on the theme ‘Inclusive Wealth Generation through IP Commercialization’. The date for submission is 31st March, 2021. For more details, please see the announcement below: Call for Chapters: Inclusive Wealth Generation through IP Commercialization Editors Dr. Pinaki Ghosh, MHRD IP Chair, WBNUJS Dr. Shambhu Prasad Chakrabarty, Head and Research Fellow, CRSGPP, WBNUJS Dr. Jayanta Ghosh,

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SpicyIP Weekly Review (March 15 – 21)

/ By / Copyright, Design, Geographical Indication, Patent, Trademark

Topical Highlight Sherlyn Chopra Case- Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies In this post, non-consensual sharing of intimate images or videos from a copyright perspective, in light of the recent case filed against Sherlyn Chopra for sharing obscene content online. She first analyses copyrightability of obscene content. She notes decisions from Israel and England that have used grounds of immorality to deny copyright protection to works. She contrasts this with Indian copyright law where such grounds

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Sherlyn Chopra Case: Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies

/ By / Copyright, Privacy

Factual Background The Bombay High Court recently granted interim anticipatory bail to actor and content creator Sherlyn Chopra, who was charged by the Mumbai Police’s cyber cell for uploading pornographic and obscene videos online. The Court directed the actor to cooperate with the investigation, report at the police station daily from March 15-17, and directed the police to report to it on the next date of hearing, which is March 23. In this post, I use this case to comment

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