Others

SpicyIP Weekly Review (October 22-28)


Thematic Highlight First up, Dr. Dierkes’s and Dr. Sharma, on the German grant of Compulsory License of “raltegavir“, lucidly compares the law between the German and Indian jurisprudence. Their discussion points were as follows: i. A brief introduction to CLs. ii. Events leading up to the German grant of the CL. iii. German Jurisprudence concerning interpretation of “public interest“. iv. Comparison of German CL Jurisprudence with India’s. Then, Prof. Basheer lamented media misreporting and the lack of nuance in media…


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Others

Reportage On SC’s Directions To Delhi HC In Re: Pendency


Over the course of this piece, I shall attempt to provide you with a brief overview of all the recent directions issued by the SC to tackle the issue of high pendency in the Delhi HC (DHC). We will be discussing 3 Orders: i. 31st July Order. ii. 16th August Order iii. 24th October Order. 31st July Order It all started when an SC Divisional bench, consisting of the refreshingly proactive Justices R. Gogoi & N. Sinha (Hereinafter, the “SC…


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Others

SpicyIP Weekly Review (September 24-30)


Thematic Highlight Harshavardhan came up with an entertaining post on the recent controversy surrounding the title of the Tamil film “Mersal“. The problem arose because another producer registered a variant of the title with the writer’s association, but the producer of “Mersal” trade marked it later. Using the interesting narrative technique of a drama, he brought some fishy facts to light. Even if the topic doesn’t interest you much, I would recommend this piece purely for the narrative style and…


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Innovation

India’s Performance in the Global Innovation Index 2017


INTRODUCTION In a couple of weeks, I shall be posting a detailed analysis of the methodology employed by the Global Innovation Index (GII) 2017 Report. But prior to that, I felt it would be beneficial to provide readers with a brief synopsis of India’s performance in the said report. Report is accessible here. Over the course of this post, I intend to cover the following: Basic Data Regarding The GII India’s Performance In Isolation India’s Performance in Comparison to the…


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Copyright Patent

Basic Case Law Series #1: Baker v. Selden


Introduction to Series This series (“Basic Case Law Series”) serves as a precursor to another series in the pipeline (“Essential Framework Series”), wherein I will attempt to provide readers with a framework for understanding Intellectual Property law. But before I can do that, I felt it would be beneficial to: A. Have a repository of case summaries (of significant cases) that I can refer to in broader posts. B. Provide readers with analyses of significant case laws that deal with…


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Others

SpicyIP Weekly Review (August 20-26)


Topical Highlight: Prashant discussed the effect of the recent landmark SC Judgment, that clarified privacy being a fundamental right, on personality rights of celebrities. His discussion points were: i. Brief overview of celebrity rights and passing off. ii. The introduction of celebrity rights and Article 21 privacy claims. (‘Auto-Shankar‘ case) iii. Distinction between horizontal and vertical enforcement of privacy rights. iv. Potential for censorship in light of broad understanding of the ‘private‘. Thematic Highlight:  Sreyoshi came up with a two part…


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Others

SpicyIP Weekly Review (July 31- August 7)


Thematic Highlight: Prashant discussed a recent Delhi HC case involving engineering drawings and their reproduction in 3D form. The defendant got away from the plaintiff’s copyright infringement claim on account of S.15(2) allowing for exemption to design infringement in cases where production crossed 50 units. Prashant argues that the engineering drawings do not constitute “designs” in the first place and therefore, the court misinterpreted S.15(2). Then, he proceeds to further argue that one cannot prevent another from manufacturing the content of…


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Others

SpicyIP Tidbit: SC Calls Out “Disturbing Trend” of Settling IPR Issues Through Interim Orders


As per strict doctrine, interim orders are issued on the basis of a prima facie impression, to prevent “irreparable harm“, by virtue of a party’s actions, during the duration of the proceedings. But in effect, courts haven’t really been solving matters in accordance with settled doctrine, and have largely been sticking to settling matters, almost conclusively, through interim orders. You can find considerable coverage on SpicyIP on the same here. A Supreme Court Bench, comprising of J. Ranjan Gogoi and…


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Trademark

“PARAMOUNT” TM #Delhi HC #Clean Hands Doctrine #Equitable Reliefs


I write to discuss the Delhi HC J. Indermeet Kaur’s judgment involving the mark “PARAMOUNT”. The mark under discussion is relevant strictly in the context of businesses indulging in sale of hospital beds and to the best of my knowledge, is not related to the Paramount film studio. The ruling is unique because the court did not pass an interlocutory injunction in favour of the plaintiff, despite said plaintiff having a valid registration in the relevant class. Though the question…


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Copyright

Code 2.0 Chapter Review. #Technology, IP and Regulation


Today, I will be discussing the chapter pertaining to IP from Lawrence Lessig’s Code 2.0. Easily one of the most interesting books on law that I have read, Code 2.0, essentially, discusses regulation in the backdrop of advancing technologies. While the book also deals with regulation of free speech and privacy concerns, I will restrict myself to IP. Please note that this discussion is not only relevant to “hipsters” interested in so-called “TechLaw”, but also to those concerned about the…


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