Patent

Indian Government Significantly Dilutes Patent Working Disclosure Norms


As our readers may recall, in June last year, the Government had published a draft amendment to Form 27 for comments. The amendment exercise was undertaken pursuant to the patent working PIL filed before the Delhi High Court by Prof. Basheer in 2015. The Court had disposed of the PIL in April 2018, directing the Government to complete all steps towards effectuating necessary amendments to optimise the patent working provisions within strict timelines. As per its undertaking, the Government had agreed to…


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Copyright Others

‘Chhapaak’ Credits Conundrum: Does Every Contributor to a Work Have a Right to Be Credited?


In an intriguing case last week, the Delhi High Court directed the makers of the film ‘Chhapaak’ to acknowledge the inputs by Aparna Bhat, the lawyer who represented the acid attack survivor whose life the film is based on, in the film’s opening credits. The decision came in an appeal against the interim order granted by the trial court. The Court noted that since the inception of the making of the film, the Defendants represented to the Plaintiff that her…


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Others

A Look Back at India’s Top IP Developments of 2019


Here’s wishing all our readers a very happy new year! Or happy ‘now’ year as Prof. Basheer would have said! As always, on this occasion, we look back at the year gone by and take stock of all the significant IP developments that kept the Indian IP landscape action packed throughout the year. We have divided these developments into two categories: a) top 10 judgments/orders, and b) top 10 legislative and policy developments. The developments have been chosen owing to…


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Others

Prof. Shamnad Basheer & Justice Ravindra Bhat on MIP’s List of the 50 Most Influential People in IP 2019


It is with immense pleasure and pride that we inform you that our founder, Prof. (Dr.) Shamnad Basheer has been identified as one of the 50 Most Influential People in IP 2019 by Managing IP (MIP) for his outstanding contribution to the world of IP. This is the second time he has been included in this annually published list, the first time being in 2015. The list is divided into 5 categories, namely, industry leaders, IP authorities, notable individuals, public…


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Patent

Delhi HC Division Bench Restores Sanctity of Three-Pronged Test for Interim Injunctions; Sets Aside Two Interim Injunction Orders against Natco


[This post has been co-authored with Bhavik Shukla, a 5th year student at NLIU, Bhopal] In a very welcome and significant development, on July 11 this year, a Division Bench of the Delhi High Court set aside two interim injunction orders granted by a Single Judge against Natco, for having been passed without the Court forming an opinion on the three elements of the well-settled test for interim injunctions i.e. prima facie case, balance of convenience and irreparable harm. The…


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Patent

Patent Office Publishes A New List of Scientific Advisors After 9 Years


[This post has been co-authored with Bhavik Shukla, a 5th year student at National Law Institute University (NLIU), Bhopal.] The Patent Office released a list of newly enrolled/ retained scientific advisors last month. A total of 37 advisors have been included in the list, out of which 22 scientific advisors have been retained from the previous list published in 2010. Section 115 of the Patents Act, 1970 (‘Act’) grants a court (hearing matters under the Act) the power to appoint…


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Others

Keep Shining Upon Us, Our Guiding Star – Prof. (Dr.) Shamnad Basheer (1976 – 2019)


We are saddened beyond words to inform you that our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer, has passed away in an unfortunate accident. As our readers know, his contribution to legal scholarship, especially intellectual property rights in India, was unparalleled. Beyond that, he established IDIA, which gave wings to the dreams of numerous aspiring law students from marginalized backgrounds to access legal education. His body of work is only matched by his personality – incredibly kind, loving, caring,…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Prong 2 – Re-Designing Education for Agricultural Students and their Teachers (Part IV)


Prong 2 – Re-Designing Education for Agricultural Students and their Teachers (Part IV) Prof. Gregory Radick Of course, training in genetics is just once facet of farmer education, and training for a more sustainable future will require coordinated changes across the curriculum.[1] As a second, shorter example – but one that will lead us towards Prong 3 of this position paper – considers how farmers might usefully be taught to think in fresh ways about their innovations as their property….


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Prong 2 – Re-Designing Education for Agricultural Students and their Teachers (Part III)


Prong 2 – Re-Designing Education for Agricultural Students and their Teachers (Part III) Prof. Gregory Radick How values acquired in the genetics classroom might translate to farming practice Near the beginning of this position paper we gestured briefly toward some links between Mendelian genetics, with its distinctive emphasis on hybrid seeds, and post-Green-Revolution high-yield, industrially farmed, chemically saturated agriculture.  With the two genetics pedagogies in view, we can now pursue a further question: What, exactly, might the affinities be between…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Prong 2 – Re-Designing Education for Agricultural Students and their Teachers (Part II)


Prong 2 – Re-Designing Education for Agricultural Students and their Teachers (Part II) Prof. Gregory Radick “Genes, environments, and variability” genetics teaching: There is, fortunately, another way. For some while, PI Radick, as a historian of science, has been re-examining the debate that broke out over Mendel’s experiments after the 1900 rediscovery of his paper on them.[1] The debate was most intense between the Cambridge-based William Bateson, who did more than anyone to promote Mendel’s work as the foundation for…


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