Divij Joshi

Divij Joshi is a lawyer and tinkers in technology and policy. He tweets @divij_joshi.

Patent

Breaking: In India’s First Post-Trial Standard Essential Patent Judgement, Delhi High Court Finds Local Manufacturers Infringed Philips’ DVD SEP


Almost a year after it was reserved by the Delhi High Court, the first post-trial judgement by an Indian Court in a Standard Essential Patent-related suit was issued on July 12, 2018. In Koninklijke Philips Electronics N.V. vs. Rajesh Bansal And Ors., Ms. Justice Mukta Gupta delivered a positive finding of the ‘essentiality’ of Philips’ patent, and held that the defendants, local manufacturers, in manufacturing standard-compliant DVD players were infringing this patent. Background Plaintiff, in 1995, registered Patent No. 184753…


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Others

SpicyIP Weekly Review (April 30 – May 5)


Our thematic highlight of the week was the guest post by Ms. Simrat Kaur on the IFPI annual global music report and the state of the global recording industry. The post highlights the industry’s grouses about intermediary safe harbour laws leading to a value gap, which they are hoping to capitalize on by evolving new legal principles. Our topical highlight was Sreyoshi’s post on the final hearing in the infamous case of the Monkey’s Copyright. This appeal was an affirmation…


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Copyright

Oracle v Google – US Court of Appeals Rules Against Google’s ‘Fair Use’ of Oracle’s Java APIs


Another day, another multi-billion dollar judgement potentially hazardous to the software development community. In the latest round of the Oracle v Google dispute over the use of Java (Oracle) API’s in Android (Google), the Court of Appeals for the Federal Circuit of the United States (CAFC) overturned the lower court’s jury verdict that Google’s use of Java APIs was fair, and remanded the case back to trial (for the third time) on damages that Google would have to pay –…


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Others

SpicyIP Weekly Review (April 8 -14)


In case you missed this week’s posts, don’t worry, here’s a roundup below – The topical highlight of the week is Prashant’s post on the long running dispute regarding the patentability of Monsanto’s BT Cotton. In a significant ruling, the Delhi High Court denied Monsanto patent protection for its claim over a particular genetic sequence. The HC rejected the claim on the grounds that it was not patentable subject matter under Section 3(j), which prohibits the grant of patents for…


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Copyright

Supreme Court Affirms that Only ‘Government Works’ under the Copyright Act Qualify as ‘Protected Systems’ under IT Act


In B.N. Firos v State of Kerala and Ors., the Supreme Court of India, on March 27, held that only those ‘computer systems’ may be designated as protected system under the Information Technology Act, which qualify as ‘Government Works’ under the Copyright Act. Background The present dispute related to the ownership of copyright in software which was being used by the Government of Kerala for a project known as FRIENDS (Fast, Reliable Instant, Efficient, Network for Disbursement of Services). The…


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Others

SpicyIP Fortnightly Review (March 11 – 24)


The topical highlight for this fortnight has been Pankhuri’s post on the Delhi High Court’s judgement in Sphaera Pharma Pte. Ltd and Anr. v. Union Of India, where the Court reiterated that the Patents Act does not offer any scope for considering a request for patent examination filed beyond the prescribed period of 48 months from the date of filing of the application. In the present case, the plaintiff claimed that the request for examination was not properly uploaded although…


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Copyright

Amitabh Bachchan Lashes Out at Copyright Limitations – Here’s Why He’s Wrong


In a rather rambling blog post on Monday, Mr Amitabh Bachchan, Bollywood’s angry young man turned angry-preacher-from-the-social-media-pulpit, let loose a diatribe against the seeming injustice done to him by the Indian Copyright Act – specifically, the concept of copyright terms – which temporally limit rights in original copyrighted work, beyond which the works is included in the public domain. The motivation for the post seems to be the realisation that the copyright in Harivansh Rai Bachchan’s poetry, currently with his…


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Trademark

‘Retroactive Bad Faith’ Gets a Quiet Burial – UDRP Moves Towards Fairer Standards for Domain Registrants


Domain names constitute the signposts for the world wide web, making it possible to navigate the immensity of the internet. Given the transnational nature of the internet and the domain name registration system in particular, it was realized early on in its development that a suitable system must be developed to protect the rights of trademark holders in domain names, to prevent the misuse of brands and secure better consumer protection. Therefore, the ICANN, the apex body responsible for administering…


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Others

SpicyIP Weekly Review (February 25 – March 3)


In case you missed out on this week’s posts at SpicyIP, have no worries, here’s a roundup of the last weeks highlights. Our topical highlight of the week is my post on the Madras HC’s fairly straightforward decision examining film title protection in the context of copyright law. The judgement also deals with the important issue of the scope of protection offered by so-called ‘title registration schemes’ run by film associations, and whether they are effective at all. I recommend…


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Copyright Unfair Competition

Film Title Protection: Madras High Court Rejects Copyright Claim Over Film Title, Holds Trade Association Rules Not Binding on Non-Members


A division bench of the Madras High Court, in its judgement in M/s Lyca Productions v J. Manimaran and Ors, delivered on the 22nd of February, overturned a single bench decision which upheld copyright protection to the title of a film. The judgement is significant not only for its analysis of the scope of copyright protection of film titles, but also for its sound rejection of the original plaintiffs argument that the rules of a trade association should be binding…


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