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Inika Charles

Inika is a fifth year student at National Law University, Jodhpur, and is on the founding Board of Editors of the Journal of Intellectual Property Studies. She has a strong interest in Intellectual Property, and is fascinated with the intersection of IP with Technology and Media law. You can contact her at [email protected], or on Twitter: @inikacharles

Copyright

On the ‘Apocalyptic’ Arbitrability of Copyright Disputes: IPRS v. Entertainment Network

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The Bombay High Court, on the 31st of August, held in Indian Performing Right Society Limited (IPRS) v. Entertainment Network, that the dispute at hand was not arbitrable as it related to an action in rem (read the order here). This order by Justice R.D. Dhanuka is in stark contrast to Justice Patel’s well-reasoned Eros v. Telemax (‘Telemax’) judgement pronounced in April this year (read Prof. Basheer’s post and the order here, and here) where it was held that legal claims…


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Others

SpicyIP Weekly Review (September 11–17)

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We’re still reeling from Justice Endlaw’s much awaited ruling in the DU Photocopy case on Friday, and this week’s highlight can’t be anything but our continuing coverage of the decision. Prof. Basheer first brought us the key highlights of the order, which Gopika then followed up with a more detailed analysis. In a massive 94-page decision, the Delhi High Court handed out a landmark verdict for IP and Access to Knowledge, holding that the educational exception under Section 52(1)(i) –…


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Drug Regulation

The Naked Truth: An Expose on Big Pharma

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Medecins Sans Frontiers (‘MSF’) new must-watch short film, The Naked Truth is hilarious, strongly worded, and to the point.  In the video, MSF challenges Big Pharma’s age old claim of their medicines being necessarily priced as high as they are. Using metaphors that are nothing but apt, MSF strips away at Big Pharma’s supposedly continued expenses on drug research, demanding a revelation of their actual costs. MSF uses the medicines for Hepatitis C as an example, noting their $1000 per…


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Plant Variety Protection Trade Secret

GM Mustard: Of the Lack of Transparency and ‘Confidentiality’ of Biosafety Data

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The Central Information Commission (CIC) directed the Environment Ministry to release all data relating to the bio-safety of GM Mustard by an order in April following a RTI application filed by Ms. Kavitha Kuruganti (the ‘Appellant’). The application sought information regarding the field trials of GM Mustard, which the Ministry refused to disclose on grounds of confidentiality. The Ministry is yet to comply with the order in question, but on Tuesday released a safety assessment report stating that GM Mustard…


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Copyright

Madras HC grants John Doe for ‘A Flying Jatt’, orders the blocking of 830 sites

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A few days after we saw misleading blocking messages from ISP’s, the Madras High Court passed a John Doe order on Wednesday, the 24th of August, blocking a whopping 830 sites that allegedly hosted illegal copies of ‘A Flying Jatt’. The movie, produced by Balaji Motion Pictures Limited, released on Thursday to mediocre reviews. The Times of India first reported on this order, and it was then later picked up by India Today and Medianama.  The order was uploaded on…


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Copyright

The curious case of Peter Doig: Can authors disavow their works?

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Last month, news emerged of a bizarre case in New York in which Peter Doig, a renowned painter denied having created the above painting. He didn’t have much to say when he was shown a picture of it – ‘Nice painting’, he said – ‘Not by me’. Since his paintings routinely sell for an upwards of $10 million, it is no surprise that Robert Fletcher, the owner of the painting filed a lawsuit against Doig. He claims damages of $5…


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Patent

Ericsson’s offer of SEP terms to TCL held to adhere to FRAND standards by U.S Court

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On the 1st of August, 2016, California District Court Judge James V. Selna ruled that some of the license terms that Ericsson offered TCL Communication Technology Holdings Limited (‘TCL’) were fair, reasonable and non-discriminatory, narrowing TCL’s claims in their lawsuit against Ericsson. This lawsuit was filed in 2014, and alleges Ericsson’s refusal to license their Standard Essential Patents (SEPs) of global 2G, 3G and 4G standards at fair, reasonable, and non-discriminatory (FRAND) terms. Importantly, only some of Ericsson’s contract terms…


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Trademark

Second time [un]lucky? Bombay HC denies Raymond Ltd. rights over ‘Raymond’

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‘If at first you don’t succeed, try, try again’, is something Raymond Limited (‘RL’) seems to have imbibed into their litigation strategy. In 2006, RL filed a suit for infringement against Raymond Pharmaceuticals (‘RP’) for the use of ‘Raymond’ (RL’s ‘trademark’) in their corporate name. While a 2007 appeal to a Notice of Motion filed in the suit was dismissed by the Bombay High Court in 2010, the main suit is yet to be heard. The order passed in 2010…


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Others

SpicyIP Weekly Review (July 31-August 6)

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This week, our topical highlight is Prashant’s excellent post in our series on John Doe orders. He notes that in stark contrast to the Bombay High Court’s streamlining of internet blocking orders, a division bench of the Delhi High Court passed an order on the 29th of July, 2016 that allows for the entire blocking of websites, rather than blocking specific URLs that have been proved to infringe. He summarises the orders that led to this one, and concludes that…


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Others

New Plan Scheme for the ‘Modernization and Strengthening of IPAB’ proposed

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As reported by LiveLaw, and published by the Press Information Bureau on the 27th of July 2016, the Ministry of Commerce and Industry proposed a Plan Scheme to ‘Modernize and Strengthen’ the Intellectual Property Appellate Board (IPAB) in Chennai. This information was provided by the Minister of State (Independent Charge) in the Ministry of Commerce and Industry, Nirmala Sitharaman by written reply in the Rajya Sabha. The Scheme sanctions a total cost of Rs. 14.70 crores under the 12th Plan, and…


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