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Aparajita Lath

Aparajita graduated from the WB National University of Juridical Sciences, Kolkata. She was formerly an editor of the NUJS Law Review. She is a lawyer based in Bangalore. All views expressed by her on the blog are her personal views.

Patent

The Indian Perspective: Submission made to USITC’s investigation into the Indian patent regime


In pursuance to its investigation into India’s trade, investment and industrial policies, the U.S. International Trade Commission (USITC) is holding a public hearing on February 13, 2014.  Professor Srividhya Ragavan (University of Oklahoma College of Law), Brook Baker (Northeastern University School of Law), and Sean Flynn (American University Washington College of Law) submitted a statement to the USITC on issues pertaining to India’s patent regime. This is a welcome intervention and provides a nuanced understanding of Indian patent laws and implementation….


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Copyright

NUJS Law Review Special Issue on the Copyright Amendment Act: Read it to believe it!


This is a slightly belated notification but the Copyright Conference of 2012, has culminated in the publication of a special issue on the recent copyright amendments (Vol. 5 2012 No. (4) NUJS Law Rev.) Shamnad played a key and lead role in bringing this issue into existence! Various debates that took place at the Copyright Conference, took shape and transformed into informative, exhaustive and excellent papers that have now been published. This publication covers huge ground and deals with issues…


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Others

Applications for the 2014 – 15 LAMP Fellowship are now open


Legislative Assistant to Members of Parliament Fellowship 2014 – 15   PRS is offering an exciting fellowship, please read the announcement below for more details: Last for submitting applications: February 20, 1014.  Cut off age for the fellowship : 26 years (i.e. born on or before January 1, 1987). About the Fellowship: The Legislative Assistants to Members of Parliament (LAMP) Fellowship places one legislative assistant to work with one MP for a period of 11 months. The Fellowship exposes LAMP Fellows to the…


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Copyright Data Exclusivity Others Patent

GIPC IP Index: India ranked last


The U.S. Chamber of Commerce Global Intellectual Property Centre recently released the latest ‘International IP Index’. As per this report, India has been placed last in terms of protection and enforcement of Intellectual Property practices out of 25 countries. India scored only 6.95 points out of 30. US ranked the highest, scoring 28.5 on 30. Even in the previous GIPC Index, India was ranked last. However, the findings of this report need to be examined. As Swaraj pointed out (here), even…


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Events

Event: Pharma IPR Conference, February 2014


Pharma IPR is a very targeted conference focusing on patent related matters for Pharma and Biopharma Industry across the globe.  The date and venue for the conference is: 26 to 28 February, 2014 at Holiday Inn Mumbai International Airport, Mumbai, India. Website: www.pharmaipr-india.com Please click here for more details about the conference. The theme of the conference is ‘US Patent Law in 2013: Winds of Change’. As the title suggests, the conference aims at highlighting and discussing important US Patent rulings…


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Patent

Professional Negligence and Attorney Liability?


A recent case raises serious issues around patent attorneys and professional negligence, the biggest elephant in the room that not many have spoken about till date. To what extent should a patent attorney be liable for compromising the case of their clients? And what is the nature of legal liability? Also, to what extent is a client to blame for the fault of an attorney? Assuming professional negligence of the patent attorney were to be established, could the client argue…


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Patent

Not so FRANDly! CCI orders another Ericsson investigation on complaint by Intex


Another investigation has been ordered by the CCI into Ericsson’s anti competitive licensing of its Standard Essential Patents (‘SEP’). The present investigation has been clubbed with the investigation ordered in Micromax vs. Ericsson FRAND royalty case (which we have blogged about here). For a detailed understanding of FRAND licenses and SEPs read Rajiv’s posts here, here and here. The CCI in its order dated 16th Jan 2014, examined Ericsson’s conduct and concluded that it was prima facie an abuse of…


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Copyright

Ghost Post: The myriad ways in which the Copyright Amendment Act, 2012 is being circumvented


We have an interesting ‘ghost post’ by a lawyer who practices with an IP law firm on the various ways in which the Copyright Amendments of 2012 can be circumvented. SpicyIP has previously covered some of the petitions that have challenged the constitutionality of the amendments here, here, here and here. The myriad ways in which the Copyright Amendment Act, 2012 is being circumvented Once upon a time, the film industry functioned on mutual trust; agreements (if any) were a mere formality. …


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Patent

Resurrecting the 6 year Rule in Indian Patent Law?


The Delhi High Court recently passed an ex parte injunction order in 3M Innovative Properties Company v Venus Safety and Health Pvt Ltd (December 2013).  This post looks into three aspects of the order: the court’s reliance on the outdated ‘six year rule’, the infringement analysis adopted by the court and the ‘ex parte’ nature of the order. The ‘6 year’ rule in Indian patent  jurisprudence refers to a rule created in 1965 by the Madras High Court which laid…


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Trademark

Interpreting S. 28 of the Trademark Act: Delhi High Court


The normal rule in trademark law is that once a person registers a trademark for particular goods, he has the exclusive right to use that trademark in relation to those goods. As with most rules there are exceptions: one exception provided to this general rule under the Trademark Act, is when there are two or more registered proprietors of the same mark. In such a situation, neither proprietor can claim exclusivity against the other. However, what the exception does not…


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