Author name: Niyati Prabhu

Niyati Prabhu is a third year law student at the National University of Advanced Legal Studies, Kochi.

SpicyIP Tidbit: GII 2023 – India retains its 40th rank

/ By / Innovation, Others

The Global Innovation Index (GII) rates 132 economies based on their capacity for innovation using 80 indicators to track global innovation trends. The GII 2023 rankings that were published by WIPO yesterday saw Switzerland topping the list for the 13th time, followed by Sweden and the USA. India, on the other hand, has retained the 40th rank out of 132 economies, making it one of the only five middle-income economies to be ranked amongst the top 40 economies. It has […]

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A meme with caption "Aloo Lelo"

Chip and Del(hi) High Court: Pepsico Loses Appeal on Famous Potato Chip Plant Variety

/ By / Plant Variety Protection

On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety. The revocation application was filed by notable farmers’ rights activist, Kavitha Kuruganti, who is associated with the Alliance for Sustainable And Holistic Agriculture (ASHA), an organisation which aims to strengthen sustainable agricultural livelihoods. Kuruganti had previously accused Pepsico (apparently,

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EPO Decisions – The Not So Holy Grail?

/ By / Patent

Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation. This heightened interest in patent quality has gained significant attention from different stakeholders due to the criticism that the European Patent Office (EPO) management has been facing for the declining quality of

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Re-Assignment of Copyright – Conflicting Claims on the Interpretation of Long-Form Agreements

/ By / Copyright

On June 5, 2023, the Bombay High Court, in a joint order passed in Super Cassettes v. RBEP and Hungama Digital Media v. RBEP  clarified that the termination of an agreement because of non-payment of dues would in itself not result in the copyright being re-assigned to the original assignor. The Court also emphasized the need for a written document, i.e., the re-assignment deed executed in writing, as a pre-requisite for re-assigning copyright. The dispute involved some of the big

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Delhi High Court clears the air around Copyright of Satyajit Ray’s ‘Nayak’

/ By / Copyright

Image accessed from here In another landmark development concerning the right of authors of underlying work, the Delhi High Court on May 23 in RDB and Co. HUF v. HarperCollins Publishers India Pvt. Ltd. held that the screenplay of the Bengali film Nayak was ‘entirely the work of Satyajit Ray’ and that the right to novelise the screenplay of the same would vest in him. By extension, and upon his demise, this right vests with his son Sandip Ray, along

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CGPDTM to Continue Daily Open House Sessions to address Grievances/Suggestions on IPR Issues

/ By / Copyright, Design, Geographical Indication, Patent, Trademark

Image from here Attention all intellectual property enthusiasts! On some exciting news on the transparency front, the Office of the Controller General of Patents, Designs and Trademarks has recently announced daily Open House sessions. These sessions began in October 2022 (see the December notice here) and will now continue on a daily basis. The sessions will be held on a daily basis from 4.30 PM to 5.30 PM via WebEx. These Open House sessions will address various IPR grievances and

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Rochem v. Nirtech – Analysing the Claim of Breach of Confidential Information

/ By / Trade Secret

Image accessed from here While there are many factors which result in the success of business organizations, their ability to use sensitive procedures and advanced technology, thereby protecting their confidential information, can be another crucial aspect of remaining competitive in the market. Companies are therefore required to take extreme caution while sharing technical know-how, confidential information, designs, concepts, innovative formulas, business strategies, drawings etc. As a result, employers are eager to take the necessary safety precautions to protect such confidential

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Protecting Confidential Information as Copyrightable Material with Confidential Reasons?

/ By / Copyright, Overlaps in IP, Trade Secret

Image from here The Delhi High Court recently passed an ex parte interim injunction in Markets and Markets Research Pvt. Ltd. v. Meticulous Market Research Pvt. Ltd. and Ors., finding a prima facie case of copyright infringement. However, alongside the questions of copyright, the present case also had elements of protecting confidential data. Therefore, in passing the interim injunction order on the basis of rights granted under the Copyright Act, 1957, the court not only restrained the defendant from violating

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