Events

SpicyIP Events: First Galgotias University National Moot Court Competition [Sept. 28-29, Noida]


We’re glad to inform our readers that the Centre for IPR Studies and Moot Court Society, School of Law, Galgotias University is inviting institutions to participate in the First Galgotias University National Moot Court Competition (GUNMCC), which they will be jointly organizing from 28-29 September 2018 at Galgotias University, Greater Noida, Uttar Pradesh. The moot problem (which can be accessed here) is based upon the important debate regarding access to creations versus their legal protection. For further details of the competition, please see below: Key Dates…


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Patent

Deconstructing the FRAND Regime vis-à-vis Recourse to Injunctive Relief


We’re pleased to bring to you a guest post by Subhajeet Roy. Subhajeet is a recent graduate of Tamil Nadu National Law School, Tiruchirappalli. Deconstructing the FRAND Regime vis-à-vis Recourse to Injunctive Relief Subhajeet Roy Background Before one gets into the question of availability of injunctive relief in disputes related to Standard Essential Patents (SEPs), a quick recap of some important terms would be helpful. SEPs are those patents that must be used in order to comply with a said…


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Copyright

SpicyIP Fellowship 2018-19: Developments in ISP Liability on Copyright Infringement


We are pleased to bring you a guest post by our Fellowship applicant Arth Nagpal. Arth is a 3rd year student at NLS, Bangalore. This is his first submission for the Fellowship. Developments in ISP Liability on Copyright Infringement Arth Nagpal This piece intends to draw a comparison between Internet Service Provider (ISP) liability on parties for copyright infringement in the United States and India. The former has in place a system of ISP liability through the mechanism of graduated…


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Others

SpicyIP Jobs: Senior Associates (Patents/Trademarks) at P.S. Davar & Co., New Delhi


We’re pleased to inform our readers that P.S. Davar & Co., a boutique IP law firm based in New Delhi, is looking to recruit two Senior Associates for their Patents and Trademarks teams. For further details, please see the job description for each of the two positions below: About the Firm – P.S. Davar & Co. is a boutique intellectual property law firm. The firm has an increasing client base comprising a wide range of clients. The firm is looking to…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety”? (Part II)


We are happy to bring to you yet another insightful post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. This post is Part II of the three-part post where Prof. Gopalakrishnan critically examines the procedure followed for registration of farmers’ varieties. Part I of the post can be viewed here and the earlier posts in the series, here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part II)? Prof. (Dr.)…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part I)?


We are pleased to bring to you the fourth post in the ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on India’s problematic plant varieties’ regime. The earlier posts in the series can be viewed here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part I)? Prof. (Dr.) N.S. Gopalakrishnan Introduction It is well documented that informal innovation in plant breeding by traditional farmers is one of the most important components of sustainable agriculture. It involves…


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Others

SpicyIP Jobs: Trade & IP Analyst, Médecins Sans Frontières (MSF) Access Campaign [New Delhi]


We’re glad to inform our readers that Médecins Sans Frontières (MSF) Access Campaign is looking to hire a Trade and Intellectual Property Analyst. This is a full time position based in New Delhi. The deadline for submitting applications is August 19, 2018. For further details, please read the post below: Trade and Intellectual Property Analyst, MSF Access Campaign [New Delhi] Job Description Position: Trade and Intellectual Property Analyst Location: New Delhi, India Contract: Permanent, full time position Reporting to: India…


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Trademark

Some Reflections on the WTO Panel Ruling in the Plain Packaging Dispute: Pulling the Rug from under Your Legs and Missed Opportunities – Part II


In Part I of this two-part guest post on the WTO Panel Report in the tobacco plain packaging dispute, Adarsh argued that the Panel didn’t get everything right in holding that the Tobacco Plain Packaging Measures (TPP measures) do not violate the TRIPs Agreement and discussed three points on which he believes the Panel went wrong. In Part II of the post below, he argues that the Complainants also didn’t raise all the right arguments and missed some important ones. Some Reflections…


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Trademark

Some Reflections on the WTO Panel Ruling in the Plain Packaging Dispute: Pulling the Rug from under Your Legs and Missed Opportunities – Part I


We are pleased to bring to you a two-part guest post by Adarsh Ramanujan on the WTO Panel Report in the tobacco plain packaging dispute. 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…


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Patent

The Morality of Sexual Pleasure: Patent Office Training?


(This post has been co-authored with Prof. Shamnad Basheer) Yesterday, we highlighted a problematic Patent Office decision, rejecting a claim to a sexual stimulation device (a unique vibrator) on the grounds of immorality under Section 3(b) of the Patents Act. More specifically, the Controller held: 1. That an apparently innocuous looking sex aid device to further intimacy between couples is “obscene” 2. That the said device is not “useful or productive” 3. That the law does not take kindly to…


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