2024

Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK

/ By / Traditional Knowledge

Right on the heels of Praharsh’s post on the disclosure requirement in the new WIPO Treaty on IP, genetic resources and associated traditional knowledge, we are pleased to bring to you this guest post by Mr. R. S Praveen Raj highlighting the implications of this treaty on databases like the Traditional Knowledge Digital Library (TKDL) and emphasising on the need for a legislation for protection of traditional knowledge outside the IP framework. Mr. Praveen Raj is a scientist and technology […]

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Finally, WIPO Adopts a Treaty on IP, Genetic Resources and Associated TK! But at What Cost?

/ By / Patent, Traditional Knowledge

25 years since Colombia first brought the issue of protection of IP rights of indigenous communities, and 14 years since the Text based negotiations on the agreement commenced, WIPO finally adopted a Treaty on IP, Genetic Resources (GR) and Associated Traditional Knowledge (TK) on May 24, 2024. Adopted in the recently concluded Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge, 2024, the Treaty is the fruit of the WIPO’s special body’s (Intergovernmental Committee on IP and Genetic Resources, Traditional

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Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

/ By / Copyright

On the recent Calcutta High Court’s decision (Vodafone v. Saregama) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous

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A Decade after the DU Photocopy Case, Publishers get their Pound of Royalties from Indian Taxpayers

/ By / Copyright

On the licensing agreement between publishing houses- Oxford University Press and Taylor & Francis and the government run digital consortium E-ShodhSindhu, we are pleased to bring to you this guest post by Prashant Reddy T., explaining how this agreement may technically give the publishing houses what they wanted through the decade old DU photocopy case. Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here). He is also the co-author of two books-

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After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood

/ By / Trademark

Recently on May 15, the Delhi High Court granted partial relief to Hindi film actor Jackie Shroff in a case alleging infringement of his personality rights and trademark “Bhidu”. Interestingly, this case comes only a few months after the Delhi High Court’s order concerning personality rights of another Hindi film actor- Anil Kapoor, where the Court read his personality rights from the lens of right to livelihood. Comparing the approaches of the Courts vis a vis personality rights and the

After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood Read More »

SpicyIP Weekly Review (May 13- May 19) 

/ By / Copyright, Patent, Trade Secret, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week  Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law

SpicyIP Weekly Review (May 13- May 19)  Read More »

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta

/ By / Copyright, Design, Trademark

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous posts can be found here.] The fashion industry will never go out of business! In 2022, the size of the domestic textile and apparel industry was estimated at a whooping $125 billion. Players in the fashion industry benefit

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After 19 Years, Delhi High Court Passes the Judgement in the Viagra-Vigoura Trademark Dispute

/ By / Trademark

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous post can be found here.] Viagra- the samples that never came back! Ever since the drug was first manufactured, it has been the center of curiosity and complexities. It is an amusing fact that the drug was being

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What’s in a Name? Taking a look at IPO’s Interesting Observations on Benami Pre-Grant Oppositions

/ By / Patent

The recent decision of the Indian Patent Office in Suman Das v. Arcelormittal (Application no. IN 201717013441) emphasizes the need to pay attention to the content of the opposition itself instead of focusing on the identity and qualifications of the opponent – a point often repeated in previous posts on the blog (see here, here, and here). Considering that it’s only a tidbit we are not going into the merits of the case and interested readers can refer to the

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Delhi High Court Clarifies the Position on Writ Jurisdiction Against Orders Rejecting a Pre-grant Opposition 

/ By / Patent

In Rich Products Corporation v. The Controller of Patents (dt. May 1, 2024), a division bench of the Delhi High Court has killed two birds with one stone. Hearing an appeal against a Single Judge order refusing to entertain a writ petition against the Controller’s decision to reject a pre grant opposition, the Court stated that the petitioner (who had filed the pre-grant) should rather exhaust existing legal remedies under the Patents Act. The Court clarified that under the extraordinary

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