We are pleased to bring to you a guest post by our Fellowship applicant Aishwarya Ambardekar. Aishwarya is a 4th year student at ILS Law College. This is her first submission for the Fellowship. The Turmeric Battle Aishwarya Ambardekar The world as we know it, understands innovation in a rather binary manner, where only those inventions or ideas that materialise in laboratories or Research Centres are given importance. Innovations undertaken in more informal settings, by common folk such as farmers and…

SpicyIP Fellowship 2017-18: Snapchat v. Facebook – Of Stories, Copyrights & The Idea of Expression

by Pankhuri Agarwal March 30, 2017

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We are happy to bring to you an interesting guest post by our Fellowship applicant Sreyoshi Guha. Sreyoshi is a 4th year student at Symbiosis Law School, Pune. This is her second submission for the Fellowship. Snapchat v. Facebook: Of Stories, Copyrights & The Idea of Expression Sreyoshi Guha I’d like to believe that it all started when Snapchat did the unthinkable. A few years ago, Facebook had offered to buy Snapchat for a whopping 3 Billion Dollars, which it…

Events

SpicyIP Events: Refresher Course for Law Teachers on Developmental Perspectives of IP Laws

by Pankhuri Agarwal March 29, 2017

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We are pleased to announce that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS) along with DIPP Chair on IPR, CUSAT is hosting a seven-day exhaustive training programme for law teachers from 16th to 23rd June, 2017. The theme for 2017 is “Copyright: A Social Justice Perspective”. The last date for applications is April 25, 2017. Objective The seven-day Refresher Course is intended at evolving a group of experts in intellectual property laws, both in teaching and research, who will…

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SpicyIP Fellowship 2017-18: Intex v. AZ Tech – Big Fish Strikes Back (Part II)

by Pankhuri Agarwal March 28, 2017

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In Part I of her post on the Delhi HC’s recent judgment in the Intex v. AZ Tech case, our Fellowship applicant Sreyoshi Guha dealt with the issue of goodwill as an essential of passing off. In this Part, she deals with the remaining issues of the case. Intex v. AZ Tech: Big Fish strikes back (Part II) Sreyoshi Guha In this part, I deal with the remaining contentions and the reasoning of the Court to that effect. As in…

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SpicyIP Fellowship 2017-18: Intex v. AZ Tech – Big Fish Strikes Back (Part I)

by Pankhuri Agarwal March 28, 2017

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We are pleased to bring to you a two-part guest post by our Fellowship applicant Sreyoshi Guha. Sreyoshi is a 4th year student at Symbiosis Law School, Pune. This is her first submission for the Fellowship. Intex v. AZ Tech: Big Fish strikes back (Part I) Sreyoshi Guha December 24, 2016 might have been an ordinary day for most of us. It was also, however, the day when AZ Tech served mobile phone giant Intex with an interim injunction against using…

Others

SpicyIP Weekly Review (March 19-25)

by Pankhuri Agarwal March 27, 2017

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(This post has been authored by Inika Charles and published on her behalf) The topical highlight of this week is Pankhuri’s post on the upcoming merger of the Copyright Board with the Intellectual Property Appellate Board under the Finance Bill, 2017. She notes that the Bill seeks to amend the Copyright Act so as to transfer the functions of the Copyright Board to the IPAB, which until now – dealt only with trademarks, patents, and geographical indications. While the (Money)…

Others

A Push For Procedural Certainty

by Pankhuri Agarwal March 27, 2017

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In an article recently published in India Business Law Journal’s February 2017 issue here, Gowree Gokhale and Jaideep Reddy of Nishith Desai Associates analyse the problems of delegated legislation/executive action and suggest ways to resolve them. The problems highlighted by them include lack of statutory/constitutional basis for such legislation/action in some cases and examples cited for it include the jurisdictional overreach by DIPP in issuing a memo interpreting Section 31D of the Copyright Act, which we had covered here. Another instance…

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SpicyIP Fellowship 2017-18: MontBlanc v. Gaurav Bhatia – Another Curious Case of DHC’s Damages Jurisprudence

by Pankhuri Agarwal March 24, 2017

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We are happy to bring to you another guest post by our Fellowship applicant Maitreyee Dixit. Maitreyee is a 2nd year student at NALSAR University of Law, Hyderabad. This is her second submission for the Fellowship. MontBlanc v. Gaurav Bhatia: Another Curious Case of DHC’s Damages Jurisprudence Maitreyee Dixit Damages in trademark law, especially in Delhi High Court’s jurisprudence have been riddled with inconsistencies. Be it the grounds to provide damages, the calculations of damages or the entirety of punitive damage…

Others

SpicyIP Fellowship 2017-18: Cyber Economic Espionage – Is TRIPS the Solution?

by Pankhuri Agarwal March 24, 2017

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We are glad to bring to you a guest post by our Fellowship applicant Maitreyee Dixit. Maitreyee is a 2nd year student at NALSAR University of Law, Hyderabad. This is her first submission for the Fellowship. Cyber Economic Espionage: Is TRIPS The Solution? Maitreyee Dixit Economic espionage has been a hot topic of sorts since the September 2015 agreement was made between USA and China, that called for both the countries to not knowingly conduct or support cyber enabled trade…

Patent Plant Variety Protection

Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?

by Pankhuri Agarwal March 23, 2017

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We are pleased to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. We had earlier published two guest posts by him here and here. Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims? Essense Obhan As has already been reported on SpicyIP and the mainstream media, Monsanto and Indian seed companies are involved in a series of lawsuits against each other…