Author name: Pankhuri Agarwal

Call for Applications: Research Positions at Centre for Communication Governance (CCG) at NLU, Delhi [Apply by June 20]

/ By / Opportunities

We’re pleased to inform you that the Centre for Communication Governance at National Law University (NLU), Delhi is inviting applications for Community Engagement and Strategic Development positions at the Centre. For details, please read the announcement below. Call for Applications for the Community Engagement and Strategic Development Positions  (i) Community and Engagement Associates, (i) Community and Engagement Officers, (ii) Strategic Development and Partnerships Associates, and (ii) Strategic Development and Partnerships Officers The National Law University Delhi (‘University’), through its Centre …

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A Guide on Fair Use Cases in India – Part II

/ By / Copyright

A Guide on Fair Use Cases in India – Part II On the World IP Day earlier this year, I’d shared the initial installment of a compilation of all the fair use decisions pronounced by India’s high courts and the Supreme Court under the Copyright Act, 1957 till date. This initial installment compiled the decisions relating to education and research. Today, on the occasion on the World Music Day, pleased to bring you the second installment compiling decisions relating to …

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A Guide on Fair Use Cases in India

/ By / Copyright

On the occasion of the World IP Day, pleased to bring to you the initial installment of a compilation of all the fair use decisions pronounced by India’s high courts and the Supreme Court under the Copyright Act, 1957 till date. The pdf version can be viewed here and the word version here. The compilation lists all types of use of copyrighted works which the courts have determined to be permissible – or not permissible – under Section 52 of …

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Remdesivir Shortage: Can the Drug be Imported under Patents Act?

/ By / COVID-19, Patent

Amid the ongoing surge in Covid-19 cases, many states in the country are reported to be facing shortage of Remdesivir, an anti-viral drug patented by Gilead. The drug was approved by India’s drug regulator in June last year for restricted emergency use for treatment of Covid-19 patients and is presently being manufactured and supplied by seven Indian companies under a voluntary license agreement with Gilead. In order to address the shortage, the Government has (among other measures) banned its export …

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A Look Back at India’s Top IP Developments of 2020

/ By / Copyright, Geographical Indication, Patent, Trade Secret, Trademark

(This post has been co-authored with SpicyIP Fellows Adyasha Samal, Anupriya Dhonchak and Nikhil Purohit.) Here’s wishing all our readers a very happy, safe and healthy new year! Unfortunately, many traditions worldwide had to be broken the past year, but here at SpicyIP we’re glad to continue our annual tradition of recounting all the significant developments that impacted the Indian IP landscape in 2020. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top …

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Indian Government Significantly Dilutes Patent Working Disclosure Norms

/ By / Patent

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

/ By / Copyright, Others

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 / Others

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 / Others

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

/ By / Patent

[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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