Others

Call for Papers: First IP & Innovation Researchers of Asia Conference [Kuala Lumpur, Jan 31-Feb 1, 2019]; Submit by Oct 15, 2018


We are pleased to inform our readers that the First IP & Innovation Researchers of Asia Conference will be held on January 31 &  February 1, 2019 at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, in Kuala Lumpur Malaysia. The Conference is being organized by the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia in collaboration with the WIPO Academy, World Intellectual Property Organization, Texas A&M University School of Law, and the Faculty of Law of the University of Geneva. The deadline for submission of abstracts is October 15, 2018….


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Patent

Patent Working PIL (Update): Court Directs Govt. to Complete Amendment Exercise of Patent Working Rules/Form 27 within Proposed Timelines 


It’s been a while since we updated you on the patent working PIL matter  at the Delhi High Court. On 23rd April, 2018, the Delhi High Court disposed of the matter, directing the Government to complete all steps towards effecting necessary amendments in the patent working provisions, strictly within the timelines proposed by it. It has also asked the Government to place a report before it upon completion of this exercise. As our readers may recall, the Court, in an…


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Others

The ITAT Bengaluru Order in the Google AdWords Royalty Tax Case – Part II


In Part I of this two-part guest post on the Google Adwords royalty tax case, Adarsh had explained the critical facts/evidence recorded in the case along with the critical findings of fact made by ITAT from such evidence. In Part II of the post below, he discusses the Tribunal’s findings on the legal issues and critically analyses them. The ITAT Bengaluru Order in the Google AdWords Royalty Tax Case – Part II Adarsh Ramanujan Application of the Law to the…


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Others

The ITAT Bengaluru Order in the Google AdWords Royalty Tax Case – Part I


We are pleased to bring to you a two-part guest post by Adarsh Ramanujan. Adarsh is an advocate primarily assisting clients as a litigation attorney. He has recently started his own counsel practice with offices in Delhi and Chennai after having spent considerable time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. He is a…


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Copyright

SpicyIP Fellowship 2018-19: The Delhi University Photocopy Case: Is Law Just Politics?


We are pleased to bring to you another guest post by our Fellowship applicant, Kashish Makkar. Kashish is a 2nd year student at NLSIU, Bangalore. This is his second submission for the Fellowship. The first submission can be viewed here. The Delhi University Photocopy Case: Is Law Just Politics? Kashish Makkar Critical Legal Studies (CLS), a jurisprudential movement that started in the late 1970s advocated that law and politics cannot be separated. They were convinced that law is a game…


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Patent

SpicyIP Fellowship 2018-19: Utility or Futility: When Should a Patent Be Revoked on the Ground of Inutility?


We’re glad to bring to you another guest post by our Fellowship applicant, Rishabh Mohnot. Rishabh is a 3rd year student at National University of Juridical Sciences (NUJS), Kolkata. This is his second submission for the Fellowship. The first submission can be viewed here. Rishabh had also written a post for us last year during his internship. Utility or Futility: When Should a Patent Be Revoked on the Ground of Inutility? Rishabh Mohnot Under the Patents Act, 1970, Section 64(1) provides a…


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Copyright

SpicyIP Fellowship 2018-19: Google Images’ ‘View Image’ Button and Copyright Infringement


We’re happy to bring you another guest post by our Fellowship applicant Prarthana Patnaik. Prarthana is a 4th year student at National Law University, Odisha. This is her third submission for the Fellowship. The previous submissions can be viewed here and here. Google Images’ ‘View Image’ Button and Copyright Infringement Prarthana Patnaik Google’s Image Search service allows users to view thumbnail images (low-resolution reproduction of images available on other websites) in response to the specific search query entered by the…


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Trademark

Expenses Incurred by the Assessee for Acquiring Trade Mark is Revenue Expenditure, Says Del HC


(This post is authored by and published on behalf of Mathews P. George) In M/s Hilton Roulunds Ltd v. Commissioner of Income Tax (2018), the Delhi High Court held that the expenditure incurred by the assessee for acquiring trademark was revenue expenditure and not capital expenditure. Accordingly, the expenditure is deductible under Section 37(1) of the Income Tax Act, 1961. As per the first licensing agreement, the appellant had to pay running royalty at the rate of 1.8% of the…


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Patent

Understanding the Public Interest Element of the Injunction Analysis in Patent Infringement Cases


We are pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an advocate primarily assisting clients as a litigation attorney. He has recently started his own counsel practice with offices in Delhi and Chennai after having spent considerable time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. He is a qualified…


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Patent Plant Variety Protection

NSAI’s Lopsided Take on Patenting of Biotech Innovation in Agriculture 


Last week, we had brought to you a guest post by NSAI on the ongoing Monsanto-Nuziveedu patent dispute. We now bring to you another guest post on this dispute by Mr. Bhagirath Choudhary, the founder director of the South Asia Biotechnology Centre (SABC), New Delhi and Dr. Usharani KS, who practices at Prometheus Patent Services, Hyderabad. This post is in response to NSAI’s post, which in turn was in response to Prashant’s post on whether Monsanto’s invention can be protected as a plant variety…


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