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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 (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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SpicyIP Weekly Review (1-7 April)


Thematic Highlight  I had written a two-part post on the Notice on Plant Breeders’ Rights. In the first post, I examined the history of seed price control orders in India and the main highlights of the Notice and the controversial relation between the Patents Act and the Plant Varieties  Act in relation to Monsanto’s dispute with Indian seed companies. In my post, I conclude that both the legislations co-exist harmoniously. In the follow-up post, I examine the the clash between the Central…


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Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (II)- Who is to monitor Seed Prices?


In my previous post, I had summarised Monsanto’s past dealings with Indian seed companies and the history of seed price control orders in India. I had also pointed out the confusion regarding the applicability of both, the Patents Act and Protection of Plant Varieties and Farmer’s Rights Act (PPVFR Act), to Bt cotton seeds. From the Notice, it is clear that it seeks to give clarification on the powers of the Plant Authority to monitor prices of registered plant varieties…


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Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (I)-The Apparent Conflict between the Patents Act and the Plant Varieties Act


The Notice on Plant Breeders’ Rights (“Notice”) has opened a whole new can of (boll)worms! In this post, I hope to describe the following: The convoluted history of seed price control orders in India Main features of the Notice (as above mentioned) The controversial relationship between the Patents Act,1970 and the Protection of Plant Varieties and Farmer’s Rights (“PPVFR”) Act, 2001 (in so far as it relates to the dispute involving Monsanto and the domestic seed companies) Monsanto’s BG Technology and…


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On the Delhi High Court’s “Green” Order


In a recent order, Justice Najmi Waziri of the Delhi High Court imposed a cost of Rs. 80 lakhs on the respondent party. Stating that the sum ought to be utilised for the larger public good, he went on to order the respondents to plant a large number of trees! Factual Background The petitioners have a patent in Sitagliptin (a pharmaceutical composition used to treat diabetes) and sold it under the brand names Januvia and Janumet, amongst other names. The repondent’s…


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SpicyIP Fortnightly Review (March 11-24)


Divij wrote a post on the draft e-commerce policy released by the Department for Promotion of Industry and Internal Trade. In his post, he focusses on the anti-counterfeiting measures to be adopted by e-commerce platforms and how they may adversely affect the freedom of small vendors and marketplaces. He then analyses the anti-piracy measures to be adopted and the suggestion to return to the notice and takedown approach for copyrighted content. He notes that this may lead to a disproportionate…


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SpicyIP Weekly Review (25th February-3rd March)


Divij broke the news about Spotify’s launch in India. In his post, he covers the legal battle between Spotify and Warner Chappel Music Ltd. before the Bombay HC. He also analyses the applicability of Section 31D of the Copyright Act to the facts of the case. He further questions Spotify’s decision to opt for statutory licensing in light of the principles laid down in IPRS v. Aditya Pandey decision. Pankhuri notified us about a conference on “A 3-D Perspective on…


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SpicyIP Weekly Review (18th February-24th February)


Eashan Ghosh wrote a guest post on a recent decision of the Calcutta High Court in a GI and Certification TM infringement case filed by the Tea Board of India against ITC for use of ‘Darjeeling’ as part of the name of a refreshment lounge called the Darjeeling Lounge in one of its hotels. In his analysis of the decision, he focussed upon the interpretation of the Court with regard to limitation under Section 26(4) and passing off under Section…


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SpicyIP Weekly Review (28th January-3rd February)


Divij wrote a post  about the recently released draft intermediary guidelines. In his post, he specifically focusses on Draft Rule 3(9) which provides for “automated tools” and “appropriate mechanisms” for identifying “unlawful” online content. Noting the response to the similar proposed changes to the EU Copyright Directive, he analyses the various adverse impacts the Rules may have on copyright  law and access to knowledge. Rishabh wrote about a worrying development in the IPAB; the Board has allegedly been conducting hearings…


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