Author name: Divij Joshi

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

Sovaldi Saga Rages On – Malaysia Issues Government Use License Despite Gilead’s Voluntary License Deal

/ By / Drug Regulation, Patent

The World Health Organization records that as of October, 2017, 71 million people were affected by the Hepatitis C Virus (HCV), a debilitating virus which attacks the liver. Around 12 million people are affected by HCV in India – about one in every hundred. Just a few years ago, in 2014, the global incidence of HCV reported by the WHO was between 130-140 million. The remarkable decline in the HCV-affected population can probably be attributed to the blockbuster drug, Sofosbuvir. …

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CopyrightX @ Harvard – Applications for 2018 Are Now Open!

/ By / Copyright

CopyrightX is an online course offered by Harvard University which can offer you a US-centric perspective on copyright law, and has opened applications for its 2018 batch. With a novel course structure and a great community, our readers from both legal and non-legal backgrounds might find this course incredibly meaningful in understanding modern copyright law in the digital age. CopyX is now accepting applications for the batch of 2018! We have written in detail about the course here, and you …

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SpicyIP Weekly Review (November 12 –18)

/ By / Others

This week’s topical highlight is Prashant’s investigation into the Indian Home Minister’s claims that copyright infringement and piracy are responsible for funding terrorism. Skeptical of these claims, Prashant requested the Ministry of Home Affairs for any information they may have to back up the claims made by the Home Minister. The MHA responded that they did not have any data to back up these claims, highlighting that the strange spectre of copyright infringement being a national security issue has little …

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Breaking: Artists’ Royalty Feud Against Labels Heats Up – Enforcement Directorate Raids Five Major Labels in Money Laundering Investigation

/ By / Copyright, Others

The battle for fair payments of royalties between artists and copyright societies is in the limelight again, and this time, it’s music labels in the eye of the storm. Various media outlets have reported that the Enforcement Directorate (“ED”) has conducted searches and enquiries in the premises of five music companies, including YRF Music, Saregama (which has since confirmed the news in a public statement), T-Series, Sony and Universal Music, India’s largest music labels, in at least 12 locations, in …

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It’s Open Access Week, 2017 (October 23-29)!

/ By / Copyright

Open Access week is an annual, global event, conceptualised by the Scholarly Publishing and Academic Resources Coalition, (SPARC) and aimed at endorsing and popularising open access, particularly among the research and scholarly community. Open access refers to the practice of making scholarly and research work publicly available to anyone who wants access to it. Copyright law and its reform play an essential role in supporting open access and its goals of universal knowledge-sharing. We at SpicyIP enthusiastically endorse Open Access and you …

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SpicyIP Weekly Review (October 15-21)

/ By / Others

Our topical highlight for the week was a guest post from Rishabh Anjay Mohnot, who covered the recent decision of the Madreas HC in Mannivanan v. IPAB & Ors. on this blog. The Madras HC dismissed a writ petition filed against the dismissal of the petitioner’s patent revocation application by the IPAB. Rishabh notes that the Madras HC, while arguably coming to the correct conclusion in the case, failed to consider important aspects of a revocation claim, including the impact …

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Publishers Unite to Fight Copyright Infringement on ResearchGate

/ By / Copyright

ResearchGate, the world’s most popular scholarly collaboration network (SCN), which brands itself as an ‘online information society service’, might soon be facing its Napster moment. A coalition of major publishers, called the ‘Coalition for Responsible Sharing’, (which includes major publishing houses such as Elsevier, Wiley, Wolters Kluwer, The American Chemical Society and Brill) have issued a statement regarding the network’s alleged inability to adequately deal with alleged instances of mass copyright infringement, and have also initiated legal action against ResearchGate …

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Here, There and Everywhere: Delhi High Court Rules That ‘Presence On Online Portals’ is Sufficient to Grant Jurisdiction

/ By / Overlaps in IP, Trademark

The Delhi High Court, in its judgement in Icon Health And Fitness, Inc vs Sheriff Usman And Anr., delivered on September 12, has held that the presence of the Defendant’s business on online portals such as Amazon or Google Play is sufficient to establish the court’s jurisdiction over the defendant, in a suit for passing off of a trademark. Case Background and Decision The plaintiff, a US-based company, filed a suit against the defendants, companies based in India and the …

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SpicyIP Weekly Review (September 10 – 23)

/ By / Others

The thematic highlight for this fortnight was Prashant’s post in response to a recent article by Professor Lawrence Liang on the DU Photocopy Case, almost one year since it was decreed. Prashant, who has previously critiqued the judgment in some incisive pieces on this blog, challenges certain premises on which the article celebrates the Delhi High Court’s judgment, including jurisprudence on whether copyright is a statutory or a natural right, as well as the history and effect of the Stockholm Convention Protocol Regarding Developing Countries. One year after …

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IP Protection for the Manganiyar’s Seduction? Throwing Some Light on Copyright in Stage Directions

/ By / Copyright

Anand and Anand report that a dispute involving claims of the infringement of copyright and passing off of Roysten Abel’s awe-inspiring stage production of Manganiyar folk musicians from Rajasthan, the Manganiyar Seduction, has recently been settled without a ruling on the merits of the dispute. The distinctive and extraordinary production by Abel combines the dramatic flair of a theatre production with the enchantment of a live folk music concert, which relies upon the harmonisation of the 43 musicians seated inside …

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