Copyright

Sports video clips and fair dealing: A premonition for India


In this post, Balu Nair our Spicy IP Fellowship applicant analyses the recent decision in England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch) and discusses what the Indian position might be in a similar scenario. The recent decision by the England and Wales High Court (Chancery) Division, as reported in IPKat a few days ago, held that short video clips of 8 seconds’ duration, such as the ones created on ‘fanatix’…


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Privacy

SpicyIP Tidbit: Whatsapp introduces end-to-end encryption!


Inika Charles, our Spicy IP Fellowship applicant brings us this interesting tidbit on Whatspp’s new end to end encryption.  This is her fourth submission for the fellowship. In wake of the Apple v. FBI controversy, WhatsApp has announced that all messages, photographs, videos, files and calls sent and received on WhatsApp software released after March 31, 2016 will be encrypted end-to-end. What this essentially entails is that, by a default setting, only the people sending or receiving the messages will…


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Geographical Indication

Scotch Whisky GI Suit Settled: The Loss of a Landmark Ruling


In this post our Spicy IP Fellowship applicant, Vasundhara Majithia discusses the recent Scotch Whisky GI decision.  This is her fourth submission for the fellowship. “Too much of anything is bad, but too much good whiskey is barely enough.”  –Mark Twain Despite approximately 260 Geographical Indications (GI) registrations, India has seen very few landmark decisions based on GIs.  We have previously blogged about one such instance, in Tea Board vs ITC Ltd. here. More recently, the Scotch Whisky Association (“SWA”)…


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Copyright Trademark

Giving Due Protection To Fictional Characters: The Possibility of ‘Copymark’


Our Spicy IP fellowship applicant Inika, brings us an interesting post on protecting fictional characters through copyright and trademark law.  This is Inika’s third submission for the fellowship. Fictional characters are born of larger creations, whether they come from literary, artistic or cinematographic works. It is unfortunate that copyright, or trademark law do not make allowances of special protection for these characters that, more often than not, supersede their original works to be known independently. Prominent examples include Superman, Sherlock…


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Copyright

SPICY IP Tidbit: DIPP Becomes the Chief IP Body: Copyrights and Semiconductors Now Under its Ambit


Vasundhara Majithia, our Spicy IP Fellowship applicant brings us this breaking titbit on copyrights and semiconductors being brought under the ambit of the DIPP. In a move to consolidate all IP related functions, the government of India has finally transferred copyrights from the ambit of the Human Resource Development Ministry (“HRD”) to the Department of Industrial Policy and Promotion (“DIPP”) and semiconductors from the purview of the Department of Information Technology (“IT Ministry”) to the DIPP.  We had blogged about…


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Trademark

Spicy IP Fellowship 2016-17: Cartier International Ag vs. Gaurav Bhatia


In this post our Spicy IP Fellowship applicant, Vasundhara Majithia, analyses the recent decision of the Delhi High Court in Cartier International Ag vs. Gaurav Bhatia. This is Vasundhara’s second submission for the fellowship. Counterfeited goods can become a nightmare across all industries; however, the fashion and lifestyle industry is affected most by such practices. With the advent of the internet, this problem is even harder to tackle. The growing market for counterfeits is fed by high consumer demand for…


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Others

Spicy IP Fellowship 2016-17: No Revenue Earned from Government Content, says Google


In this post our Spicy IP Fellowship applicant, Inika Charles brings us the latest update on the case against the government alleging that government contracts with social networking sites involving transfer of intellectual property rights were not in compliance with law.  This is Inika’s second submission for the fellowship. Google has recently assured the Delhi High Court that they do not earn any revenue from content uploaded on YouTube by the Government of India. This assurance was made in a…


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Patent

Spicy IP Fellowship 2016-17: Indian Patent Office is not a Scientific and Technical Organisation?


In this post Vasundhara Majithia, our Spicy IP Fellowship applicant discusses the need to  recognise the Indian Patent Office as a scientific and technical organisation in light of the  Ministry of Finance’s refusal to do so .  This is Vasundhara’s first submission for the fellowship. Prime Minister Narendra Modi’s Make in India programme is set to face yet another hurdle. While the government is trying to encourage foreign companies to manufacture their products in India and invest in the country,…


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Patent

Spicy IP Fellowship 2016-17: MSF’s pneumonia vaccine patent challenge and its implications- A changing ecosystem for Indian pharma?


In this post  Swati Muthukumar, our Spicy IP Fellowship applicant discusses MSF’s challenge to Pfizer’s pneumococcal conjugate vaccine in India. Swati is in her fifth year at NLS, Bangalore. This is her first submission for the fellowship. This March, Doctors Without Borders (MSF) took an important stance against the large pharma manufacturer Pfizer by making a pre-grant opposition to their pneumonia vaccine patent, Prevnar 13. Prevnar 13 is a vaccine essential in ensuring the immunization of children worldwide against Streptococcus pneumoniae, the…


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Patent

Spicy IP Fellowship 2016-17: Biopiracy in the context of Plunder of Wheat in India


In this post Parth Singh, discusses issues surrounding biopiracy in light of the recent order of the Supreme Court in Research Foundation for Science Technology and Ecology & Anr. V Union of India. Parth is a fifth year student at NLS, Bangalore. This is his first submission for the fellowship. The astounding range of ecosystems which flourish in India have provided India with immense species and genetic diversity rendering India as a mega-diverse country, as per Conservation International.  The increasing…


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