2021

SpicyIP Weekly Review (February 22 – 28)

/ By / Copyright, Geographical Indication, Innovation, Others, Patent, Publication, Trademark

Thematic Highlight A Draft “Open” IP Syllabus In this post, Swaraj shared the first draft version of an ‘Open’ IP Syllabus that he along with a small team of researchers has worked on in the last few months. The syllabus is aimed to contain materials that are legally and publicly available free of cost and outside of paywalls, touching upon diverse themes concerning intellectual property law. While the completion of the entire syllabus is expected to take some time, this […]

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DCGI Draws Ire of Delhi High Court for Violating the RTI Act

/ By / Drug Regulation, Others

The Single Bench of the Delhi High Court headed by Justice Pratibha Singh, in its recent order in Prashant Reddy v DCGI, came down heavily on the drug regulator for egregious violation of the Right to Information Act. The case arose in relation to the report of Dr. T.M. Mohapatra Committee, a committee which was constituted by the Drugs Controller General of India pursuant to the scathing criticisms in the 59th Parliamentary Standing Committee Report on the existing mechanism for

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A Draft “Open” IP Syllabus

/ By / Geographical Indication, Innovation, Others, Publication

Despite the plethora of materials online, any student, researcher or professor would know that access to scholarly information is a lot more difficult than what it should be. Most of the time, if you’re serious about research, the ‘research’ journey is more about how many paywalls you can climb (legally or not so legally), as much as it is about how good the material you can find is. To get around this, many folks rely on plug-ins like UnPayWall and

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SpicyIP Weekly Review (February 15 – 21)

/ By / Copyright, Others, Patent, Trademark

Topical Highlight Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward In this guest post,  Justice (Retd.) Prabha Sridevan notes that the Government’s proposal to scrap the IPAB is a welcome change. She argues that the functioning of the IPAB makes the two ostensible reasons for tribunalisation unsustainable: expert insight and speedy justice. She argues that regular courts are also more than capable of eliciting expert opinions, citing multiple cases where this has been done. Further,

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Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward

/ By / Others

We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the recent Bill moved by the Government in the Parliament proposing to shut down IPAB and the way forward. Justice Sridevan needs no introduction – she served as a judge of the Madras High Court from 2000 to 2010 and as the Chairperson of the IPAB from 2011 to 2013 and her stint as both resulted in a number of significant IP developments, which we

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Justice Manmohan Singh Holds Hearings at IPAB Despite Supreme Court Ruling

/ By / Copyright, Geographical Indication, Patent, Plant Variety Protection, Trademark

Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement (pdf) expressly noted that the tenure of the incumbent Chairperson ended on 21.09.2019 and further rejected the notion that the incumbent must remain as the

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The Grand Old Indian Trademarks Register: Episode 3 (1920-1940)

/ By / Trademark

In Part I of this three-part guest post tracing the birth and early life of the Indian Trade Marks Register, Aparajita discussed the first phase of legislative activity. In Part II (here) and Part III (below) of the post, she examines the change in commercial opinion from ‘no registration’ to ‘pro registration’. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.   The Grand Old Indian Trademarks Register: Episode 3 (1920-1940) Aparajita Lath A country with

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The Grand Old Indian Trade Marks Register: Episode 2 (1881-1920s)

/ By / Trademark

In Part I of this three-part guest post tracing the birth and early life of the Indian Trade Marks Register, Aparajita discussed the first phase of legislative activity. In Part II (below) and Part III (here) of the post, she examines the change in commercial opinion from ‘no registration’ to ‘pro registration’. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.     The Grand Old Indian Trade Marks Register: Episode 2 (1881-1920s)  Aparajita Lath

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The Grand Old Indian Trade Marks Register: Episode 1 (1877-1881)

/ By / Trademark

We’re pleased to bring to you a three-part guest post by our former blogger Aparajita Lath, tracing the birth and early life of the Indian Trade Marks Register. Part I of the post can be viewed below and Parts II and III can be read here and here. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.   The Grand Old Indian Trade Marks Register: Episode 1 (1877- 1881)

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The Amended Form 27 and Uncertainty in Timelines for Filing

/ By / Patent

We have received a lead from one of our readers on an issue regarding the filing of working statements (Form 27) as per the amendments made to Patent Rules, 2003 in October last year. The Patent Rules, 2003 require patentees as well as patent licensees to file a statement disclosing information regarding the extent to which the patented invention has been worked in India on a commercial scale. The format for this statement is Form 27, provided in the Second

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