Patent Trademark

SpicyIP Weekly Review (April 12 – 18)


Topical Highlight Indian Govt. Permits Manufacture of Covaxin by Haffkine Institute – But Why Not Others Too? Praharsh and Swaraj consider the recent Central Government approval of Haffkine Institute for manufacturing Covaxin, on a ‘technology transfer’ basis, for a period of one year to address the vaccine shortage in the country. They highlight that the wording of the current ‘approval’ seems to indicate that the Central Government has the rights to be able to give the permission. However, it leaves…


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Copyright Innovation Patent Trademark

SpicyIP Weekly Review (April 5 – 11)


Topical Highlights SCOTUS Decision in Google v. Oracle: Distorting ‘Fair Use’ but the Scathing (and Logical) Dissent is the One Saving Grace In Part I, Adarsh summarizes the recent SCOTUS ruling on Google’s copying of roughly 11,500 lines of code relating to 37 software packages forming part of Sun Java API, owned by Oracle. The court renders no finding on copyrightability and has restricted itself to the question of fair use by undertaking the four-factor analysis. On ‘Nature of the…


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Copyright

Bombay HC Rejects Mandatory Copyright Registration: Is it time to Reconsider Automatic Protection?


Earlier this month, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. Seemingly a statement of the obvious, this decision by Justice GS Patel corrects a nine-year old blunder by a coordinate bench of the same court in Dhiraj Dewani v. Sonal Infosystems that had refused relief due to the absence of registration. As Rahul Bajaj explains here, the court in the said case had taken it upon itself to…


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Copyright Design Patent Trademark

SpicyIP Weekly Review (March 1-7)


Topical Highlight BigBasket and Daily Basket Row – Confusion or Bullying? Anupriya analysed the widely reported ‘cease and desist letter’ sent by BigBasket to Daily Basket alleging infringement of their trademark on the word, ‘Basket.’ She begins by explaining how the term “basket” pretty much indicates grocery business in general. She revisits the Trade Marks Act and a number of cases discussing the spectrum of distinctiveness of a trademark and argues that while comparing marks, it is incorrect to take a…


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Copyright Innovation

Of Geospatial Data Deregulation, Intellectual Property and Personal Data Protection


  On 15th February, the Department of Science and Technology released a new set of guidelines liberalising India’s Mapping and Geospatial Data regime by removing the existing multi-layered licensing procedures applicable on private entities. In light of these guidelines, I will discuss how maps and geospatial data can be protected as intellectual property, as well as the possible interplay between IP concerns and the personal data protection regime. The New Guidelines Historically, India has maintained a strong regulatory mechanism over mapping and geospatial…


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Patent

The Amended Form 27 and Uncertainty in Timelines for Filing


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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Copyright Others Patent Trademark

SpicyIP Weekly Review (February 8-14)


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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Comparative Advertising Copyright Geographical Indication Patent

SpicyIP Fortnightly Review (January 11-24)


Topical Highlight Delhi HC Order Cripples Authors’ Royalty Rights in Underlying Works I critiqued the Delhi High Court’s order in IPRS v. ENIL, which held that underlying works incorporated in sound recordings are not utilized and do not incur royalty when the sound recording is used. I briefly review how the 2012 Amendment was brought in to recognise authors of underlying works’ inalienable right to royalty. In this order, the court has accepted the argument that it is the producer…


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Copyright

Delhi HC Order Cripples Authors’ Royalty Rights in Underlying Works


A shocking order delivered by the Delhi HC on 4th January in IPRS v. ENIL and PPL v. CRI Events, only days after the landmark radio royalty statutory license order, has held that underlying works incorporated in sound recordings are not utilized and do not incur royalty when the sound recording is used! The order goes on to interpret the 2012 Amendment in a manner that almost completely extinguishes the rights of authors of underlying works. Underlying Works and Royalty…


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Copyright

IPAB’s First Statutory License Order Overhauls Radio Royalty System


On 31st December 2020, an IPAB bench consisting of the Chairman Manmohan Singh J. and two technical members Surya Senthil and SP Chockalingam, delivered a grand statutory license order for radio broadcasts under Section 31D of the Copyright Act. We had previously blogged about the Public Notice issued by IPAB seeking suggestions from stakeholders for the fixation of these rates. The notice came in the wake of the expiry of the erstwhile Copyright Board’s compulsory license order (CB order) under Section…


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