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Prarthana Patnaik

Prarthana Patnaik is a final year law student at National Law University Odisha. Her main interests lie in copyright, open access and technology laws. She can be reached for queries and topic suggestions at [email protected]

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SpicyIP Weekly Review (July 1-7)


Thematic Highlight  Pankhuri released the second post in the blog post series on The Sustainable Seed Innovations Project. In her post, she provides a brief look into Phase I and II of the Project. Phase I seeks to look into the incentives for farmer-level seed innovations from indigenous varieties in India and research about the the role of public recognition for farmers’ seed innovation in creating such incentives. Phase II seeks to publish a position paper for the Government of India, spread stories of…


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Patent

Government’s Dilution of Patent Working Disclosure Requirements and the Implications on Compulsory Licensing


A few weeks ago, Pankhuri had released a post on the Government’s proposed revisions to Form 27, provided in the Draft Patent (Amendment) Rules, 2019.  Before I delve into the implications of these revisions, a brief recap of the relevant legal provisions and the events which led to this state of affairs is required to give readers more clarity on this pressing issue. Compulsory Licensing, Patent Working and Form 27-A Short Introduction Section 146 (2) of the Indian Patent Act…


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Others

SpicyIP Weekly Review (June 17-23)


Pankhuri co-authored a post with Bhavik on a recent decision of the Delhi HC, which dismissed Bayer’s appeal and left it to the trial court to apply the reasonable relationship test for deciding whether the use and export of Bayer’s patented drug ‘Sorafenib Tosylate’ by Natco and Alembic was permissible under Section 107A of the Patents Act (India’s Bolar Provision). The Court ruled that the ‘export’ of a patented invention for experimental purposes was covered under the provision. In their post, the…


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Others

SpicyIP Fortnightly Review (May 20-June 2)


Divij broke the news about a recent order delivered by the Delhi HC in Raj Rewal v. Union of India and Ors., wherein the Court ruled that an architect, in the capacity of a legal ‘author’ of a building, does not have the right to object to its modification or destruction by the owner of such building. The Court’s decision contradicts the one delivered in Amar Nath Sehgal v. Union of India, where the Delhi HC had taken an opposite stance on the…


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Patent

Delay in Issuing Patent Agent Registration Numbers


According to an anonymous report received by us at SpicyIP, the Indian Patent Office (“IPO”) is yet to issue Patent Agent Registration numbers aka IN/PA numbers to a certain number of successful candidates who have cleared the Patent Agent Examination, 2018 (“Examination”). The Examination took place in October, 2018 and the results were released in January, 2019. The IPO released instructions on the procedure to be followed by the candidates who had qualified the Examination and announced that they were to…


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Others

SpicyIp Weekly Review (May 6-12)


Divij broke the news about a recent order delivered by the Bombay HC in the Tips Industries v. Wynk Music matter, wherein the Court decided upon the applicability of the statutory licensing scheme under Section 31D of the Copyright Act to online streaming services. The Court, in its order, held that internet broadcasting is not covered under Section 31D. In his post, Divij also delves into the question of whether there is a need to introduce internet streaming services into Indian copyright law. I…


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Geographical Indication Others

Delhi HC Clarifies the Ambit of the Seeds Act in Relation to GIs


Can the Seeds Act govern GIs?-The Delhi HC, in an interesting order issued last month, dealt with this question in some detail. The factual matrix is simple here; The Ministry of Agriculture had, through an Office Memorandum (OM), set forth the characteristics of “Basmati” rice variety. They had further stated through another OM that in order to ensure the linkage between the variety and the GI, only such Basmati varieties which were  grown in Indo-Gangetic area would come under the…


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Trademark

Bombay HC Imposes A Whopping Amount Of Rs. 5 Cr Costs For Trademark Infringement


On April 15, 2019, the Bombay HC imposed costs of Rs. 5 crores in its order in Nippon Steel & Sumitomo Metal Corporation vs. Kishor D Jain & Anr. Nippon Steel, represented by Remfry and Sagar, filed a suit when they received a complaint made to them by Yanbu Steel Company, a trading company based in Saudi Arabia, about the quality of some Carbon Seamless Pipes which were to be used in oil plants. The company informed Nippon Steel that…


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Others

SpicyIP Weekly Review (April 22-28)


Thematic Highlight In her second application for the SpicyIP Fellowship 2019-20, Arushi wrote a post on Article 13 (now Article 17, in the final text) of the EU Directive. In her post, she focusses on the economic rationale of copyright law i.e., the trade-off between the cost of creation and the incentive to create. She concludes that Article 13 fails to balance this trade-off due to overuse of automation and the threats it poses to the participatory culture of the internet….


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Comparative Advertising Trademark

All About Men’s Fairness Creams and Generic Disparagement


In a country where a person’s beauty is usually based on the melanin content in one’s skin, products promising fairness and “even skin tone” are abundantly available in the Indian cosmetics industry, most of which target the fairer sex (pun intended) as their main customer base. Lately, however, the Indian cosmetics industry has been acknowledging changing gender roles and the  shift from traditional perceptions of masculinity and femininity by introducing beauty products especially targeted towards men, including fairness products. A…


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