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Rishabh Mohnot

Rishabh is a fifth-year law student at the WB National University of Juridical Sciences, Kolkata.

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SpicyIP Weekly Review (March 4-10)


In a guest post, Kartik Puttiah discussed the exclusions under Section 3(j) of the Patent Act in light of the Monsanto case. Specifically, he argues that excluding nucleotide acid sequences based on their use in plants is flawed since this does not constitute an evaluation of the subject matter, but rather its industrial application. He argues, further, that a balance between incentivising inventions in biotechnology and protecting farmers may be achieved by creating an exception for farmers under Section 47,…


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SpicyIP Weekly Review (Feb 11-17)


Thematic Highlight I wrote a post on the extent of TRAI’s regulatory powers. The Supreme Court, in TRAI v DIPP, held that TRAI’s regulatory powers include the power to prohibit. Further, it held that a TRAI’s regulation are in public interest, and therefore, will remain valid even if they impinge upon rights under the Copyright Act, which only protects authors. I argue that the court’s findings on the purpose of the Copyright Act may be inaccurate in light of recent…


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Copyright

Supreme Court on TRAI’s Regulatory Powers (Part 2)


In my previous post, I had discussed the first issue that was discussed in Star India v DIPP, regarding the regulation of content by the impugned provisions. In this post, I will discuss the second issue concerning TRAI’s power to regulate content in light of potential conflicts with the Copyright Act, and discuss some relevant observations made by the court. Issue 2: Does TRAI have the power to regulate content? The determination of TRAI’s power to regulate content rested on…


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SpicyIP Weekly Review (Feb 4-10)


Thematic Highlight In the first of a two-part post, I wrote on the Supreme Court’s judgment in Star India v DIPP. In its judgment, the court delineated the regulatory powers of TRAI, in light of alleged overlaps with the Copyright Act. The court noted that the regulations passed by TRAI did not tread onto the ‘broadcast reproduction right’ granted under Section 37 of the Copyright Act. In the next part, I will discuss the court’s holding on the outcome if…


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Copyright Others

Supreme Court on TRAI’s Regulatory Powers (Part 1)


In this belated two-part post, I will try to unpack a judgment of the Supreme Court (available here) from October 2017, on the scope of TRAI’s regulatory power with respect to broadcasting services. It reached the Supreme Court in appeal after the Madras High Court dismissed the writ petition in a split decision. This case was about an unsuccessful challenge to the validity of certain provisions in the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order 2017 (‘Tariff…


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Others Trademark

IPAB Conducts Hearings and Passes Orders Despite Losing Quorum


It has recently come to our notice that the Intellectual Property Appellate Board (IPAB) has been conducting hearings and passing orders without the quorum mandated in the Trade Marks Act! Section 84(2) of the Trade Marks Act, read with Rule 20 of the IPAB (Procedure) Rules, 2003, require the presence of one Judicial Member and one Technical Member on the bench to form a quorum. Any order passed or hearing conducted without a quorum would, therefore, be illegal. Prof. Basheer…


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SpicyIP Weekly Review (Jan 21-27)


Thematic Highlight Our thematic highlight came from Prarthana, who wrote on the impact of intellectual property law may on culture. In her post, she discusses the meaning of the term ‘cultural appropriation’, which she notes may be lost due to incorrect usage. She notes that the crossroads between intellectual property and culture comes most concretely in WIPO’s draft articles on ‘traditional cultural expressions’, which speaks of protecting community rights over cultural expressions and manifestations. She concludes by discussing two recent…


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SpicyIP Weekly Review (Jan 14-21)


Topical Highlight Prof. Basheer wrote a post on the Monsanto decision that was recently passed by the Supreme Court. In his post, he highlights the magnitude of the litigation that has taken place and the different areas of law that must be considered. He also notes that much is yet to come from the dispute since the Delhi High Court will now conduct a trial over the patentability of the technology, which he suspects will also be a decision that…


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Copyright

IPRS Rejoins Cisac After a Two Year Hiatus


The Indian Performing Right Society (IPRS) has been readmitted to International Confederation of Societies of Authors and Composers (Cisac) as an associate member, after spending two years in exile. The readmission comes after a string of reforms carried out within IPRS, that that bring it in compliance with Cisac rules and best practices. Cisac is a non-governmental, not-for-profit organisation, and is the world’s leading network of authors’ societies, with 239 members in 122 countries. It represents more than four million…


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Others

SpicyIP Fortnightly Review (December 17-30)


Here’s the round-up of the last fortnight of 2018! Thematic Highlight Prarthana wrote a post on Carlsberg Breweries v. Som Distilleries, in which a 5-judge bench of the Delhi High Court held that a composite suit for design infringement and passing off is maintainable, and further, a remedy for passing off for a registered design can be brought if the said design is not functioning as a trademark and if the remedy of passing off is claimed for trade dress…


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