2021

SpicyIP Weekly Review (February 8-14)

/ By / Copyright, Others, Patent, Trademark

Topical Highlight Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson Praharsh informed our readers that this week the Supreme Court dismissed the AIPPI application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was a part of a writ petition which was disposed of by the court after tagging it to Madras High Court Bar Association decision. Praharsh highlights the issues taken up by the court – the laws regarding […]

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Breaking: Finance Minister Proposes a Draft Bill in Lok Sabha to Shut Down IPAB

/ By / Others

Just hours ago we broke the story about the Supreme Court judgement (pdf) dismissing the application seeking extension of the incumbent IPAB Chairperson and now we are in knowledge of an immensely interesting Draft Bill (pdf) introduced in the Lok Sabha which proposes to shut IPAB for good! The Bill was introduced the day before yesterday (11.02.2021) by the Union Finance Minister Ms. Nirmala Sitharaman, bearing the title “The Tribunals Reforms (Rationalisation And Conditions Of Service) Bill, 2021”. While seeking

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Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson

/ By / Others, Plant Variety Protection

Hitting the (seemingly) final nail and ending the trail of extension requests, the Supreme Court via its order yesterday (12/02/2021 (pdf) ) dismissed the application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was filed by the AIPPI (aka the International Association for the Protection of Intellectual Property) and was a part of a writ petition which was disposed of by the court after tagging it to Madras High Court Bar Association decision.

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Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part II

/ By / Competition Law, Copyright, Privacy, Trade Secret

In Part I of this post, I highlighted the possible copyright and trade secret protection over the data mandated to be shared under the Revised Non-Personal Data (NPD) Governance Framework (the Report/Revised Report), and how the Report either overlooks or misunderstands these possible IP protections. In this part, I discuss the shortcomings in the Revised Report’s justifications for overriding IP protection and other rights over NPD. I also briefly explore alternatives to the Report’s heavy-handed regulatory architecture by turning to

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Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part I

/ By / Competition Law, Copyright, Data Exclusivity, Privacy, Trade Secret

The Committee of Experts on Non-Personal Data (NPD) Governance Framework headed by Kris Gopalakrishnan, constituted by the Ministry of Electronics and Information Technology had released its first Report in July, 2020. I had written about the Report for SpicyIP here. In December last year, a revised Report (“the Report/Revised Report” hereinafter) was released by the Committee with the goal of unlocking economic benefit from non-personal data, creating a data sharing framework, establishing community-based rights over NPD and addressing potential harms to privacy

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Can Celebrities be Sued for Posting Paparazzi Photographs of Themselves on Social Media?

/ By / Copyright, Privacy

We’re pleased to bring to you a guest post by Manasa S. Venkatachalam, looking into the issues of copyright and right of publicity thrown by celebrities’ unauthorised use of paparazzi photographs of themselves on social media. Manasa is a 4th year student at Gujarat National Law University (GNLU), Gandhinagar. Can Celebrities be Sued for Posting Paparazzi Photographs of Themselves? Manasa S. Venkatachalam In the last couple of years, many celebrities have been sued or threatened to be sued for copyright

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SpicyIP Weekly Review (February 1-7)

/ By / Copyright, Others, Patent, Trademark

Thematic Highlight An Alternative to Delhi HC’s Approach on Confidentiality Clubs in InterDigital-Xiaomi SEP Dispute In this guest post, Abhilasha analyses the recent Delhi High Court decision on confidentiality clubs in InterDigital v. Xiaomi. She first lays down the background in which confidentiality clubs have originated in the Indian IP litigation. She particularly emphasises on the balancing of interests carried out by Delhi High Court in the Vestergaard judgment while creating a confidentiality club. She then analyses the decision in

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An Alternative to Delhi HC’s Approach on Confidentiality Clubs in InterDigital-Xiaomi SEP Dispute

/ By / Patent

We’re pleased to bring to you a guest post by Abhilasha Nautiyal, analysing the recent Delhi High Court decision on confidentiality clubs in InterDigital v. Xiaomi (also discussed by Nikhil and Anupriya earlier here, here and here) and proposing an alternative to it. Abhilasha is an attorney at Ira Law, a firm that she co-founded with other colleagues. Prior to this, she was a partner at an IP law firm. She graduated from the Army Institute of Law and then

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SpicyIP Weekly Review (January 25 – 31)

/ By / Copyright, Design, Patent, Trademark

Topical Highlight The Delhi High Court Judgement in the IPRS Case (2021) In this post, Adarsh Ramanujan analyses the Delhi High Court’s recent judgment in IPRS v. Entertainment Network (India) Ltd. The judgment has been appealed, and the Division Bench has issued notice in the matter, with the interim direction that the judgment from the Single Judge will not be treated as a precedent in other proceedings. Adarsh points to the Court’s finding that IPRS took self-contradictory legal positions in the two suits considered in the

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 4, Issue 2 [Submit by March 21]

/ By / Opportunities, Publication

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication in the Summer 2021 Issue (Volume IV, Issue II) of the Journal. The last date for submissions is March 21, 2021. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. IV, Issue II] The Board of Editors of the Journal of Intellectual Property Studies [JIPS], published under the

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