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Rishabh Mohnot

Rishabh is a fourth year law student at the National University of Juridical Sciences, Kolkata. He is currently the Director of the Intellectual Property and Technology Law Society at his University and a Senior Associate Member of the NUJS Law Review. He is happy to correspond by email at [email protected]

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SpicyIP Weekly Review (October 15-21)


Thematic Highlight Continuing his hard-nosed commentary on the access to bedaquiline in India, Prashant wrote a post on the ethics of early access to the drug. Responding to R. Prasad, who argued that disallowing early access to bedaquiline was unethical, Prashant notes the several nuances that were missed out in the aforementioned piece. He argues that reducing the threshold of testing will allow pharmaceutical companies to push riskier drugs into the market without any responsibility for the consequences. He also…


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Copyright

Daylight Robbery: How Twitter Owns Everything You Upload


Every time I agree to terms and conditions or software licensing agreements without reading them, I spend a brief moment feeling guilty. As if I had just betrayed the profession that I am about to enter. In hindsight, perhaps I ought to have spent a bit longer to read them because there seems to be a lot that slipped by in Twitter’s Terms of Service. Our friends at IPKat recently carried a post concerning a decision of a Paris Tribunal…


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Others

SpicyIP Weekly Review (October 1-7)


This week on SpicyIP… Mathews wrote a post on the recent Madras HC decision in Kajal Aggarwal v. VVD & Sons. The court held that a producer can exploit a cinematograph film for the statutorily sanctioned 60 years despite a contract to the contrary. Mathews argues that a wiser course of argumentation for the appellants may have been to rely on IP jurisprudence, arguing that reducing the time-period of the copyright to 1 year would improve access for the public,…


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SpicyIP Weekly Review (September 10-16)


Thematic Highlight In his guest post, Adarsh Ramanujan argued that there is a hidden indictment of the Aadhar Act in the Justice Sri Krishna Committee Report and its proposal for the Personal Data Protection Bill 2018. He argues that the proposal’s suggestions to make UIDAI’s functioning subject to the proposed Bill, mandating an online-offline verification split and amend Section 29 of the Aadhar Act all indicate that the Report identifies Aadhar as a problem in the data protection regime. Topical…


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Trademark

The Dilemma of Determining Well-Known Marks


In a trademark infringement suit, Texmo Industries inter alia prayed that their mark, TEXMO, be declared as a well-known mark under Section 11 of the Trade Marks Act, 1999. Under sub-sections (6)-(9), this section lays down a number of factors that must be considered before granting well-known status to a mark. However, in this particular case, the issue that was raised, was whether the High Court had the power to declare a mark as well-known. This question arises primarily due…


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Others

SpicyIP Weekly Review (August 27-September 2)


Thematic Highlight In her guest post, Dr. Sunanda Bharti argues that Hall of Nations the Hall of Nations structure is a work of architecture, and therefore, qualifies for protection under the Copyright Act, 1957. She posits that even though the economic rights with respect to the structure vest with the Government, moral rights under Section 57 still remain with the artist who created the work. The destruction, therefore, violated these rights. Topical Highlight Prashant wrote about the most recent attempt…


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Drug Regulation Patent

Standing Against XTANDI: An E-mail Campaign to Ensure Accessibility to Cancer Wonder-Drug


In their latest efforts to stop the University of California, Los Angeles (UCLA) from pursuing a patent for Xtandi, the Universities Allied for Essential Medicines (UAEM) is sending an e-mail petition to Janet Napolitano, the President of University of California. This attempt comes after UAEM made a representation before the Regents of the University of California for a third time, demanding that Xtandi be made more accessible in India. Xtandi has an eventful if not long history of controversies in…


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Others

SpicyIP Weekly Review (August 13-20)


SpicyIP has been bustling with activity this week, with posts on diverse areas and active engagement from our readers. Thematic Highlight In another post in the ongoing series on the plant variety regime in India, Prof. N.S. Gopalakrishnan discusses farmers’ varieties in the Indian regime. He notes that there are discrepancies in the individual or people that can apply for registration of a farmer’s variety under the legislation. He further notes that the legislation does not provide clear guidance for…


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Others

SpicyIP Weekly Review (July 30-August 5)


Thematic Highlight Prof. Basheer and Pankhuri provided a critical analysis of the National IPR Policy 2016. They note that the policy is not worth celebrating, since it largely endorses dogmatic views of IPR and lacks the creativity necessary for a robust policy framework. They do, however, point out that the policy has done well to recognise the importance of open-access works and rewarding innovation through prizes and awards. They provide excerpts of their recently published paper, which provides the first…


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Others

Indian Idol for IPR – A National Search for Talent


On July 13, 2018, the All India Council for Technical Education (AICTE) released a circular announcing the ‘Intellectual Property Talent Search Examination 2018’. Launched jointly by the Associated Chambers of Commerce and Industry (ASSOCHAM) and Ericsson, the talent search will reward high school students (Class 9-12) and undergraduate students who score well on the online examination. The objective of this test is to spread awareness about IPR by sensitising the youth and fostering innovation amongst them. This is in furtherance…


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