Copyright Design Patent Trademark

SpicyIP Weekly Review (January 25 – 31)


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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Others Patent Trade Secret

Interdigital v. Xiaomi: Confidential Information and Open Courts


In this post on the recent Delhi High Court order in Interdigital v. Xiaomi, I highlight how the common practice of courts granting confidentiality in commercial litigation without much reasoning does not augur well for transparency, judicial accountability and the citizens’ right to be informed of Court processes and reasoning as part of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. The Public’s Right to Know The Delhi High Court’s order…


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Patent Trade Secret

Interdigital v. Xiaomi: Relevance for Defendant’s Rights beyond SEP Litigation


Recently, Nikhil covered InterDigital’s ongoing SEP (Standard Essential Patents) infringement dispute with Xiaomi, wherein a Confidentiality Club was proposed for sharing confidential documents to assess whether the licensing terms being offered by InterDigital were on FRAND (fair, reasonable and non-discriminatory) basis. The Delhi High Court in its recent order in the case rejected the plaintiff’s proposal to restrict access to certain confidential information from the defendant’s representatives, and to make it subject only to external eyes. In this post, I discuss the relevance…


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Copyright Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (December 28 – January 3)


Topical Highlight Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part I In this three-part post, Nikhil dissects the ongoing copyright litigation in the Delhi High Court by three big publishing houses, namely Elsevier, Wiley and ACM against the shadow libraries Libgen and Sci-Hub, alongwith the interpretive issues before the court. In Part I, he explains the background of the dispute and analyses the dynamic injunction plea sought by the plaintiffs. He argues that a thorough…


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Copyright Geographical Indication Innovation Others Patent Trade Secret Trademark

SpicyIP Weekly Review (December 7 – 13)


Thematic Highlight Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I) In Part I of this 2-part guest post, Akshat Agarwal analyses the ‘incentive/compensation’ structure actually in place for artists in India as well as its consequences. He lucidly explains that artists receive only a small proportion of revenue earned by music streaming services. He then highlights a deeper issue that enables a few oligopolistic players to capitalize on their monetary privilege…


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Biological Diversity Others Traditional Knowledge

Enabling the Use of People’s Biodiversity Registers within Environmental Impact Assessments


This post was co-authored by Dayaar Singla and myself. Dayaar is a final year student at NALSAR University of Law. He is an editor of the Indian Journal of Intellectual Property Law and the Editor-in-Chief of the Law and Other Things Blog, which Late Prof. Shamnad Basheer was an initial contributor to. In this post we look at recent changes to the creation of People’s Biodiversity Registers (PBRs) as well as the draft Environmental Impact Assessment (EIA) 2020 notification to…


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Copyright Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (November 16 – 22)


Topical Highlight The Antitrust App Store Wars Come to India In this guest post, Dr Kathuria looks into the latest ‘digital gatekeeping’ controversy that Big Tech has found itself in in India, with the Competition Commission of India having ordered an investigation into Google’s conduct relating to Google Pay and the Play Store. He notes that the CCI has prima facie correctly identified the relevant market. He then notes that even if Google Pay were to be considered in compliance…


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Copyright

Mirzapur 2 Controversy: The Right to Integrity and Free Speech


Recently, the Amazon Prime web series Mirzapur 2 stirred up controversy over the use of a book as a prop alongwith a voiceover that the author claimed misrepresented his book and tarnished his reputation. In this post, I examine the right to integrity under Indian Copyright law to highlight the free speech issues underpinning these rights as well as their interface with fair dealing considerations. Facts The second season of Mirzapur includes an episode wherein actor Kulbhushan Kharbanda is shown…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (October 26 – November 1)


Topical Highlight Mountain Dew Trademark Battle: David v. Goliath or Misapplication of Prior User Rights? In this post, Adyasha analyses the decision of the City Civil Court of Hyderabad against PepsiCo, ruling that Hyderabad-based Magfast Beverages enjoys prior user rights over ‘MOUNTAIN DEW’ (identical to PepsiCo’s mark for its citrus flavoured soda) for their packaged drinking water business. She first looks at the facts, and the history of both business’ use of these marks in detail, as well as previous…


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Copyright Patent Trademark

SpicyIP Weekly Review (October 12 – 18)


Topical Highlight Delhi High Court Issues Anti Anti-Suit Injunction in InterDigital v. Xiaomi Patent Infringement Dispute In a guest post, Rajiv looks at the anti anti-suit injunction granted by the Delhi High Court (‘DHC’) against Xiaomi in the patent infringement dispute with InterDigital. He highlights that the court viewed the lis as not impacting the proceedings before the Wuhan Court concerning fixation of FRAND rates. He considers that Xiaomi should have pursued a different strategy than the one it adopted….


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