L. Gopika Murthy

Gopika is a fourth year student at National Law School of India University, Bangalore. She was formerly the Chief Editor of the Indian Journal of Law and Technology. Her first exposure to Intellectual property law and SpicyIP was through the University Moot Rounds at NLSIU, Bangalore in her first year. She has been regularly following the developments in the field of IPR since then and she hopes to contribute to the reporting of such developments. Her areas of interest in IP include copyrights, open access, fair dealing and trademarks.

Copyright

DU Photocopy Case: A Breakthrough in Indian Copyright Jurisprudence


Our readers will remember our homegrown version of the David and Goliath story: the case filed in 2012 by various publishers (OUP, CUP etc) against Rameshwari Photocopy Services, a small photocopy shop which had a license from Delhi University to make coursepacks for the students of the university. The suit filed by the publishers rightly caught the attention of authors, lawyers, academics and the public alike- the decision in the matter would have great ramification on the cost of and…


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Copyright

A not-so-merry Christmas?


I feel saddened this Christmas day as I read this post that I wrote a year ago. I sound so hopeful, so naive in my belief that the DU Photocopy case would be resolved in early 2015, that the judgment would be out by then. {For readers who have joined us since then, the post was on the DU Photocopy case, one of the landmark cases on copyright law in recent times. The case dealt with the question of whether…


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Drug Regulation Innovation

Indian scientist appointed to high-level UN panel on health techology


News came in last week that Indian scientist Dr. Yusuf Khwaja Hamied has been appointed to a high-level UN panel on health technology innovation and access. This 16 member panel has been described as an effort to escalate investments in research and development for diseases where financial returns are not guaranteed. The UN Secretary General stated that such a panel was of utmost necessity as there is an urgent need to ensure accessible medicines and treatment as well as promote innovations…


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Publication

Call for Papers: NLSIU’s Indian Journal of Law and Technology


We are happy to bring to the attention of our readers the Call for Papers of NLSIU’s Indian Journal of Law and Technology. Please find the same below. Call for Papers: NLSIU’s Indian Journal of Law & Technology: Submit by January 31st, 2016 About the Journal: The Indian Journal of Law and Technology (IJLT) is a student-edited, peer-reviewed, completely open access law journal published annually by the National Law School of India University, Bangalore. The IJLT is the first and only law…


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Patent

SpicyIP Tidbit: US and Switzerland back out of NVC norm


Earlier this year, Swaraj had written a detailed post about the US and Switzerland were threatening India’s pharmaceutical policy, including Section 3(d)  with a controversial norm known as NVC. NVC stands for Non-Violation Complaint  and the provision would allow a WTO member to bring complaints to the WTO even if the TRIPS agreement was not violated. As Swaraj had stated, “A “non-violation” complaint is one wherein a WTO member alleges that despite no actual violation of an Agreement, there has been…


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Patent

CTR v. Sergi- Interim Injunction or Mini Trial?


[We bring to you a guest post by Prashant Reddy on the recent CTR v. Sergi patent case decided by the Bombay High Court. In this post, Prashant offers a lucid and detailed critique of Justice Gautam Patel’s judgment] Justice Gautam Patel has recently issued an interim injunction in a long running patent infringement lawsuit between Indian company CTR Manufacturing Industries Ltd. (“CTR”) which is the owner of patent no. 202302 and the French company Sergi Transformer Explosion Prevention Technologies Pvt. Ltd….


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Designs Patent Trademark

Spicy Tidbits: Novelty with respect to the administration of IPRs: New Draft Patent Rules and a New Controller General of Patents, Designs and Trademarks


We bring to you two new tidbits about the IPR scene in India. A new set of draft rules amending the Patent Rules, 2003 have been released by the DIPP. The new draft rules are available here. It is interesting to note that there are changes in the patent working rules. Readers may remember the PIL filed on this very same issue by Prof. Basheer (see here). Mathews will bring out a detailed post on this issue. Additionally, the new…


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Copyright

SpicyIP Tidbit: Audio companies v. Film Producers


In continuation of a recent trend of audio companies suing film producers for copying their songs in part or in full, Lahari Audio has sued K A Suresh, producer of the film RX Suri alleging that he has copied two of their songs in this film. A Bangalore City Civil Court has issued summons to the producer after there was no response to the notice issued. Lahari Audio claims that the producer had approached them about using the songs and…


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Copyright

The Bajrangi Bhaijaan Lawsuit


(Edit: We would like to thank Mr. Manish Singhal, for sending us a copy of the Court order, available here. The order copy we received only directs one of the defendants, Star India Pvt Ltd. to maintain accounts and not all the other parties, as reported in the media. We would be grateful if one of our readers could shed light on the discrepancies between the media reports and this court order. Has there been another additional order in this…


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Copyright

Copyrightability of Titles: A Definitive Supreme Court Ruling


The issue of IPR protection for titles (film, music etc) is something that we have often discussed on SpicyIP (We had a guest post on copyright protection for film titles- available here, Anubha discussed trademark protection for song titles here). But today, we bring to you the Supreme Court ruling pronounced yesterday by the bench of Justice Lokur and Justice Bobde in Krishika Lulla v. Shyam Vithalrao Devkatta on this very issue. The Supreme Court has held that generally, there…


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