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.

Patent

SpicyIP Tidbit: India’s First IP Youtube Channel


PatentYogi, a YouTube channel devoted to IP, is perhaps India’s first ever one of its kind. Regularly updated by Mr. Deepak Gupta, the YouTube channel features a wide range of videos, mostly on Patent law. The videos are mostly short and sweet,  under 3 minutes. They are topical and covers developments from across the world. Some of the recent ones are on Boeing’s patent on drones, ar response to John Oliver’s post on patent trolls among others. They prove an…


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Patent Trademark

Madras Bar Association- NCLT constitutionality


Earlier this month, the Supreme Court of India (Constitution Bench) came out with a judgment that dealt with the provisions of the Companies Act, 2013 dealing with the National Company Law Tribunal and the National Company Law Appellate Tribunal (‘NCLT’ and ‘NCLAT’ respectively) This is a sequel to an earlier judgment (of the SC in 2010; (2010) 11 SCC 1) in which the Court had considered the constitutionality of the NCLT and NCLAT under the Companies Act, 1956. There were…


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Copyright

Moral rights of Artists


Prof. Mira Sundara Rajan, Professor of IP Law at the University of Glasgow, recently wrote a guest post in IPKat, regarding the right of attribution under US copyright law in the context of the Maya Angelou stamp released by the US Postal Service. The US Postal Service had released a commemorative stamp of Maya Angelou with the accompanying quotation: ” A bird doesn’t sing because it has an answer, it sings because it has a song.” The US Postal service…


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Event

Consilience 2015- Net Neutrality


We would like to bring to your attention Consilience 2015- NLSIU’s annual conference on matters relating to law and technology. The information provided by the organizers is reproduced below. The concept note, poster and the basics of net neutrality are available here, here and here.   The Law and Technology Society (L-Tech) at NLSIU is proud to bring to you our annual conference Consilience, 2015. The theme for this year’s conference is the raging hot topic of Net Neutrality.  For those of…


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Traditional Knowledge

Petition to Save the Handlooms Reservation Act, 1985


Change.org is presently carrying an interesting petition addressed to the Prime Minister of India- one that is lobbying against the repeal of the Handlooms Reservation Act, 1985. The Handlooms Reservation Act is a small and innocous looking legislation (available here). The crux of this Act is S. 5 which prohibits the production of reserved articles by any loom other than a handloom. This provides a degree of protection for handloom weavers and their products. However, it appears that there is…


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Patent Trademark

IPAB Constitutionality: Revised order vis-a-vis Patents Act


In a momentous decision, the Madras High Court decision struck down key provisions of the Trademark Act relating to the IPAB as unconstitutional. In its order dated 10.03.15, the Court ruled that the technical member of the IPAB under the Trademarks Act would need to necessarily have the requisite legal/ judicial expertise before being appointed. More importantly, the court categorically ruled that ILS officers (employed by the government) cannot  be appointed as judicial members. A detailed analysis of the order…


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Others

Talk of Irony: Plagiarism guideline paper caught for plagiarism


Plagiarism is the practice of taking someone else’s work or ideas and passing them off as one’s own.  What I just did in the first sentence of this post is plagiarism. I took this definition of plagiarism from the Oxford English Dictionary, posted it verbatim and tried to pass it off for my own. This is also one of the biggest problems academic journals today face as they try to ensure that all the papers they publish are original. Most…


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Competition Law

Call for Papers: The 8th Annual NLSIR Symposium on Competition Law


We are happy to bring to our readers attention information regarding the 8th Annual NLSIR Symposium organised by the National Law School of India Review. The call for papers has been reproduced below. Call for Student Papers: The 8th Annual NLSIR Symposium on Competition Law The National Law School of India Review (NLSIR) is the flagship journal of the National Law School of India University, Bangalore. For more than 25 years, it has been at the forefront of legal scholarship…


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Trademark

The ‘Cafe Madras’ Controversy


Some of our readers who have ventured out into Matunga, Bombay might have come across ‘Cafe Madras’, a restaurant serving Udipi Cuisine. Last week the Bombay High Court delivered judgment over a trademark dispute filed by ‘Cafe Madras’  against Lime &Chilli Hospitality Services who have opened up their own Cafe Madras in Bombay. In an exceedingly well written judgment by Justice G. S. Patel (the judgment is worth a read for the literary flourish in addition to the well reasoned…


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Geographical Indication

Basmati Developments- BGA appeal and impleading


The legal developments surrounding the conferring of GI status on Basmati goes years back. For a back story of the whole issue, Prashant’s post is available here. (A full list of all of our posts relating to Basmati is available here) A quick recap to provide context for the current development:-  The litigation relating to Basmati was triggered off in 2009 when the Agricultural and Processed Foods Export Development Authority (APEDA) applied for conferring GI tag on Basmati rice grown in Punjab,…


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