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

by Pankhuri Agarwal January 1, 2020

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

by Pankhuri Agarwal December 12, 2019

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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…

Patent

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

by Pankhuri Agarwal November 18, 2019

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

by Pankhuri Agarwal October 3, 2019

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

by Pankhuri Agarwal August 9, 2019

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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,…

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Model Farms and Farmers in Seva

by Pankhuri Agarwal July 29, 2019

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In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares stories of farmers creating model farms to educate others about natural farming methods. The cultivation techniques are a crucial aspect to sustainable innovations; moreover, this story discusses community support and socio-economic sustainability. Model Farms and Farmers in Seva Natalie Kopytko Cultivation of traditional varieties, often termed Desi seeds, require no external inputs (chemical fertilizers or pesticides)….

Creating More Copyright in Cinema: But What of the Actual Creators?

by Pankhuri Agarwal July 29, 2019

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We’re pleased to bring to you a guest post by Swaroop Mamidipudi on the recent decisions in MRF v. Metro Tyres and Yash Raj Films v. Sri Sai Ganesh Productions, wherein the Delhi High Court held that making of a substantially similar copy (and not only a physical copy) of a copyrighted film amounts to infringement of copyright in the film itself. Swaroop is an advocate practicing in copyright law at the Madras High Court. He has guest blogged for us in the past as well (see here, here and here). Creating…

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations – Ethical Issues (Part IV)

by Pankhuri Agarwal July 27, 2019

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Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations: Ethical Issues to be Considered Mrinalini Kochupillai As discussed in Prong 3, blockchains/DLTs are essentially platforms that help manage data, and when designed and governed using appropriate models, can help solve problems of trust, traceability and equitable data collection, storage and use. Blockchain/DLT can also support and facilitate payments (including royalty payments) of equitable compensation to those sharing their data. Blockchains can be public or private (or a combination of public…

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III)

by Pankhuri Agarwal July 27, 2019

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Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III) Mrinalini Kochupillai (iii) Seed Certification, Safety and Efficacy: Re-distributing responsibilities and rewards India’s Seeds Bill[1] that has been pending since 2004, aims to establish certain systems that can facilitate the emergence of regional, national as well as international markets for indigenous/heterogenous seeds. For example, the mandatory seed certification requirement can help farmers and farmer groups get their varieties quality tested and…