Patent

Synthesising Arbitrability of Standard Essential Patents Disputes in India


We’re pleased to bring to you a guest post by Sushant Shekhar Singh on arbitrability of disputes related to standard essential patents in India. Sushant is a 4th year student at NUJS, Kolkata. Synthesising Arbitrability of Standard Essential Patents Disputes in India Sushant Shekhar Today, one of the crucial catalysts of technological growth is the interoperability and convergence of technology. Such digital transformation can be observed in patents corresponding to a technical specification determined by the Standard Setting Organisation (SSOs)….


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Trademark

Amazon v. Amway: A Growing Appellate Scrutiny Problem


We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court Division Bench’s decision that set aside the Single Judge’s order restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about…


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Innovation Patent

Reflecting Upon the Quality of Innovation and Its Future Roadmap in India


We’re pleased to bring to you an interesting and insightful post by Mohd Shadab Danish on the long-debated relationship between patents, innovation and economic growth. Shadab is a PhD scholar (Economics) at IIT Indore. The post is particularly timely and relevant in the backdrop of PM Modi’s recent speech wherein he urged the young scientists of the country to “Innovate, Patent, Produce and Prosper”, (seemingly) on the assumption that any and all innovation and patenting by them will make our…


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Others

SpicyIP Fortnightly Review (January 21 – February 2)


[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Last week, we received an anonymous post on the recent judgment of the Delhi HC in Astrazeneca v. Emcure and Astrazeneca v. MSN. Through this order, the Court held that a species patent can be granted and is enforceable even when an already existing product is covered by a genus patent. The author is of the opinion that this decision suffers from certain…


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Patent

It is “Covered”, Yes, but is it “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India


We’re pleased to bring to you a guest post on the recent judgment of the Delhi High Court in Astrazeneca v. Emcure and Astrazeneca v. MSN Labs. The author of this post wishes to remain anonymous. It is “Covered”, Yes, but is It “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India In a judgment with far-reaching consequences for enforcement of species patents in India, the Delhi High Court in Astrazeneca v. Emcure and…


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Copyright Designs Geographical Indication Traditional Knowledge

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?


We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti on IP protection of kathputlis and other puppets. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here and here. Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You? Dr. Sunanda Bharti Introduction The art of making kathputli was given life by the Bhaat…


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Others

SpicyIP Fortnightly Review (January 6 – 19)


SpicyIP Fortnightly Review (January 6 – 20) Bhavik Shukla Last week, Swaraj wrote a post on the paradigm-changing order of the Delhi High Court in Ferid Allani v. Union of India & Ors. Through this order, Justice Pratibha Singh directed the Patent Office to re-examine an application filed for a “method and device for accessing information sources and services on the web”. He notes that the order seems to contain three reasons for such a direction: (i) many inventions today…


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Copyright

Distortion or Destruction of Artistic Works : Scope of Moral Rights of Artists


We’re pleased to bring to you an interesting post by Kaveri Jain on the scope of moral rights of an artist vis-à-vis destruction and alteration of its original artwork. Kaveri Jain is an attorney at Ira Law. She graduated from Amity Law School in 2018 and worked at a boutique IP firm in New Delhi prior to joining Ira Law. Distortion or Destruction of Artistic Works : Scope of Moral Rights of Artists Kaveri Jain Does an artist being the…


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Copyright

Why Such Small Pittance For Our Music ? : Music Industry Lifts Up Its Voice Against Statutory Licensing


We’re pleased to bring to you a guest post by Simrat Kaur. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law Offices), she is currently practicing under the banner “The Endretta”. Simrat has written several guest posts for us in the past…


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Patent

Transborder Prosecution History Estoppel in Patent Litigation?


We’re pleased to bring to you an insightful guest post by Abhilasha Nautiyal. Abhilasha is an attorney at Ira Law, a firm that she co-founded with other colleagues. Prior to this, she was a partner at an IP law firm. Abhilasha graduated from the Army Institute of Law and then pursued a master’s in law from Harvard Law School. Her detailed bio can be found here. Abhilasha has co-authored a guest post for us in the past as well. Transborder…


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