Patent

SEPs and Confidentiality Clubs: Protecting Fair Play from Excessive Secrecy

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InterDigital, in its ongoing SEP infringement dispute with Xiaomi, proposed a Confidentiality Club for sharing confidential documents to assess whether the licensing terms being offered by InterDigital were on FRAND basis. While both parties were in agreement with the thought of having a confidentiality club, it is the structure of this club that was opposed by the defendants. Particularly, InterDigital’s proposal sought to restrict access to certain confidential information from the defendant’s representatives, and to be subject only to external…


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Biological Diversity Copyright Design Others Patent Privacy Trademark

SpicyIP Weekly Review (November 30- December 6)

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Topical Highlight COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access In this post, Adyasha conducts a thorough analysis of the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals struck with higher-income countries and their implications on the Global South. She first notes the importance of public funding for the fruition of the three vaccines upon which patent protection is being claimed by their respective owners. She then…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (November 23- 29)

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Topical Highlight A Copyright Reform Agenda from a Group of Like-Minded IP Teachers In this guest post, Prof. (Dr.) N.S. Gopalakrishnan provides us an overview of the recommendations focussing on desirable public interest oriented amendments to the Copyright Act prepared by a group of ‘like minded IP teachers’. He particularly summarises four broad themes of amendments. The first set of proposed changes deal with Section 52. These include an open-ended fair dealing clause under Section 52(1)(a), expanding educational use exception…


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Copyright Trademark

Officer’s Choice v. Chetak Whisky: An Incorrect Choice of Jurisdiction?

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Recently, Allied Blenders and Distillers Pvt Ltd filed a copyright and trademark infringement suit before the Delhi High Court protecting their ‘Officer’s Choice’ mark from the defendant’s ‘Chetak Whisky’. The court granted an ad interim injunction in the plaintiff’s favour. An interesting question that came up before the court was regarding its territorial jurisdiction to grant this relief, discussion of which formed the majority of the order. In this piece, I shall analyse the court’s treatment of the jurisdiction issue….


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Copyright

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part II

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This post is in continuation to my previous post (here) highlighting the implications of closed door consultations on amendments to the Copyright Act. Here, I discuss some of the major themes that such amendments must consider. Please note that due to the scope of this post, it is longer than our usual posts. Fair Use and Free Speech The fair use principles (for ‘non infringing uses’) are carved out as exceptions and limitations to the rights of a copyright owner,…


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Copyright

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I

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A few weeks ago, NASSCOM had informed its members that the Copyright Office is seeking comments as to whether there was a need for amendments to be carried out to the Copyright Act. Subsequently, Medianama reported that the consultation process seeking opinions on whether to amend the Act seems to only include industry stakeholders. The updated deadline for sending in comments is November 30. It would seem that some law firms also have been invited to this process (for eg,…


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Copyright Patent Trademark

SpicyIP Weekly Review (November 2- 8)

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Topical Highlight Trademark Renewal Procedure: A Slip in IPAB’s Decision in Eveready Industries v. Kamlesh Chadha? In this post, Adarsh notes the IPAB decision in Eveready Industries India Ltd v. Mrs. Kamlesh Chadha allowing rectification and directing the removal of two marks of the Respondent from the Trade Marks Registry. He deals with a specific aspect of the decision wherein IPAB considered one of the marks to have expired in 2006 due to non-renewal, and no restoration petition being filed….


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SpicyIP Weekly Review (October 19- 25)

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Topical Highlight Delhi HC Delivers a Blow to “Delhivery”: Rules the Mark to be Phonetically Generic; Ineligible for Statutory Benefits In this post, Praharsh analyses the Delhi High Court order vacating an earlier interim injunction granted in favour of DELHIVERY. He first notes the arguments made by both parties towards distinctiveness of the mark. He highlights the spectrum of distinctiveness approach followed by courts to determine if a mark is registrable and thus assess whether it fall within the following…


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Trademark

PLEX v. ZEEPLEX: Passing Off at the Last Minute

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The multi-media conglomerate, Zee, has recently launched a pay-per-view service, ZEEPLEX. The service allows users to rent a movie from the platform by making a payment. This rent is valid only for 48 hours after the payment and the users can view the movie with their family within 6 hours of starting it. Zee seeks to make this platform “like a multiplex” and targets 50 million DTH subscribers. The platform, however, found itself in the midst of a passing off…


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SpicyIP Weekly Review (September 28- October 4)

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Topical Highlight National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I In this post, Anupriya reviews the copyright guide brought out by the National Digital Library of India (‘NDLI’) for Indian libraries for which comments were sought till September 30, 2020. At the outset she notes that the introduction to the guide should contain greater reference to user rights and the important role of libraries in furthering access. She then notes the unclear position of the Copyright…


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