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SpicyIP Weekly Review (26 July to 8 August)

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Our SpicyIP Highlight of the (two) Weeks is Spadika’s fascinating two-part post on the Kuchipudi Copyright Conundrum, discussing a writ petition filed by a Kuchipudi dancer against the State of Kerala, with her first post covering the copyright issues and the second post covering performers’ rights issues. She discusses the copyright-ability of dance performances, specifically the issues with the use of ‘or otherwise’ in S. 2(h) of the Copyright Act, the infringement of the performers’ right to make visual recordings…


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Geographical Indication

Has the Rasgulla GI Debate Missed the Wood for the Trees?

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This post, co-authored by Latha R Nair and myself, covers the recent debate about the registration of a GI on ‘Rasgulla’. Latha R Nair is a partner at the IP boutique K&S Partners where her practice focuses on trademarks, geographical indications and copyrights. She regularly speaks at various national and international fora on these subjects and has also authored several articles which are available on her firm’s website www.knspartners.com. She can be contacted at [email protected] We would also like to…


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Copyright

The Trend and Tumour that is a John Doe Order

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In the latest in what seems to have become a trend in Indian courts, Phantom Films have been granted a John Doe order by the Bombay High Court for blocking sites that ‘may’ be pirating its movie, Masaan. We have covered the issue of ‘John Doe’ orders here, here here, and here. Phantom Films had stated herein that it had come across dormant links which offered a “facility of free download” of its movie across websites. It then argued that…


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Others

SpicyIP Weekly Review (19 July to 25 July)

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Our Highlight of the Week was Rupali’s post on the Delhi High Court’s order in the Glenmark-Symed dispute regarding the former’s ‘linezolid API’ drug. The Division Bench order vacated injunction granted by the Single Judge to Synoid against Glenmark, and specified the arrangement that is to be followed by the parties in the time period of the suit. She notes in her post that in light of the Symed’s concessions that Glenmark’s process was not identical and does not infringe…


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Copyright

WIPO’s SCCR 30 in review: Rights without Ownership, and Diplomatic Blockades

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The 30th session of the Standing Committee on Copyright and Related Rights of the WIPO took place in Geneva, from June 29th to July 3rd. The multi-stakeholder event had a very widespread and fascinating agenda, including discussions on the Broadcasting Treaty, Limitations and Exceptions (‘L&E’) for libraries and archives, and L&E for educational and research institutions and for persons with other disabilities. This post notes and comments on the same. Broadcasting Treaty: Biased Panels and Rights without Ownership One of…


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Innovation Patent

SoftPat’s Hard Effects – looking for Indian stories!

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A query left by a well-known techie and policy advocate on social media has left us at SpicyIP wondering about an important question – how many Indian start-ups, coders, companies or researchers have found themselves at the wrong end of software patent infringement claim allegation? How are software patents, limited and ambiguous though their legal position may be, affecting innovation and innovators in India? In the hope of getting some answers, we are launching a survey (click here) to find such cases….


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Copyright

Westland v. Flipkart – Online Marketplaces and Questions of Intermediary Liability

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Intermediary liability is something that is close to our hearts here at SpicyIP, which is why we have covered it on multiple occasions, stressing its importance repeatedly. Our previous posts on this topic are available here, here, here, here and here. This post focuses on a new case that has come up in this context – that of copyright infringement liabilities for e-commerce platforms. Specifically, I’m going to be dealing with Tata Group’s Westland’s case against Flipkart for selling Amish…


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Others

SpicyIP Weekly Review (22 June – 28 June)

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Our SpicyIP Highlight of the Week this week is Rupali’s post on the Pest Control v. Sudhakar judgment in our I-3 series. She notes that the order passed herein was an ex-parte interim injunction, and contained no details of the patent, no analysis evaluation of the arguments, and did not even go into the four step test for interim injunctions. She then picks up from her last post and argues for the ‘relative assessment standard’ over blind deference to the…


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Drug Regulation Patent

SpicyIP Tidbit: TAG and GHJP file lawsuit for the release of Sovaldi and Harvoni clinical trial data

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In what is perhaps of the beginning another chapter to the Sovaldi saga, the Treatment Action Group (TAG) and the Global Health Justice Partnership (GHJP), represented by Yale Law School’s Media Freedom and Information Access Clinic (MFIA Clinic), have filed a federal lawsuit against the FDA and the Department of Health and Human Services, asking for access to the clinical trial information that Gilead Sciences submitted to the FDA on the Sovaldi and Harvoni drugs. The lawsuit comes after Gilead…


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Others

[SpicyIP Tidbit] ECtHR on News Portals – do they intermediate comments, or do they control them?

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In a fascinating albeit disquieting decision, the Grand Chamber of the European Court of Human Rights found Delfi AS, a news portal, liable for the unlawful comments posted on its website by third parties – despite the fact that the comments were removed as soon as Delfi was notified about them. We have dealt with issues of intermediary liability before, in our posts here, here, here, here and here, highlighting the importance of intermediary liability for freedom of speech on…


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