We’re pleased to bring you a guest post by Dr. Sunanda Bharti, analysing the position of law on registration and infringement of position trademarks. Sunanda is an Associate Professor in Law at Delhi University and has written several guest posts for the blog in the past. Position of Position Trademarks and Related Confusion Dr. Sunanda Bharti Recently, Tefal was in the news for being denied registration for its famous ‘red dot’ mark in the UK, which was initially claimed to…

Non-Fungible Tokens (NFTs) and Copyright Law: A “Nifty” Dilemma

by SpicyIP April 5, 2021

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Techno-friendly readers may have noticed that there is a sudden surge of interest in Non-Fungible Tokens (NFTs) across the internet and may have even purchased some for themselves. Some more luddite readers like myself may have still been grappling with this ‘blockchain thing’, and now find ourselves needing to know about NFTs as well! What exactly are they? Why the sudden interest in them? What implications do they have, especially on copyright law? Well, we’re pleased to bring our readers…

Patent

European Decision on Patentability of Simulations and Implications for India

by SpicyIP April 1, 2021

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing a recent decision by the Enlarged Board of Appeals at the European Patent Office on patentability of simulations and its implications for Indian patent law. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the…

Trademark

Why the Case of Hero Electric vs. Lectro E-Mobility Actually Demystifies the Arbitrability of IP Disputes

by SpicyIP March 29, 2021

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Last week we had a guest post by Lokesh Vyas that looked into the case of Hero Electrics v Lectro E-Mobility, wherein the order, holding the dispute to be arbitrable, was critiqued for inadequately clarifying the difference between IP disputes that can be arbitrated versus those that cannot. We’re pleased to bring our readers another guest post today that responds to Lokesh’s post. Today’s post, by Ajeeth Srinivas. K and Ishika Ray Chaudhuri, disagrees with the earlier critique, and argues…

Hero Electric v. Lectro E-Mobility: Ambiguated Arbitrability of IP Disputes?

by SpicyIP March 24, 2021

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We’re pleased to bring you a guest post by Lokesh Vyas on a recent Delhi High Court decision on arbitrability of IP disputes. Lokesh is a 5th year student at Institute of Law, Nirma University, Ahmedabad. He has written for us earlier on the absence of rights of film directors, here. Edit: Readers may also be interested in the post listed in response to this post, here. Hero Electric v. Lectro E-Mobility: Ambiguated Arbitrability of IP Disputes? Lokesh Vyas The…

Opportunities Publication

Call for Chapters: Inclusive Wealth Generation through IP Commercialization

by SpicyIP March 23, 2021

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Readers who have a paper in progress may be interested in this announcement – that the WBNUJS IP Chair is inviting papers for a book on the theme ‘Inclusive Wealth Generation through IP Commercialization’. The date for submission is 31st March, 2021. For more details, please see the announcement below: Call for Chapters: Inclusive Wealth Generation through IP Commercialization Editors Dr. Pinaki Ghosh, MHRD IP Chair, WBNUJS Dr. Shambhu Prasad Chakrabarty, Head and Research Fellow, CRSGPP, WBNUJS Dr. Jayanta Ghosh,…

Opportunities Sponsored

UNH Franklin Pierce’s IP Summer Institute 2021 (May 24 – June 11, June 14 – July 2)

by SpicyIP March 19, 2021

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We’re pleased to inform you that Franklin Pierce Center for IP of the University of New Hampshire (UNH) School of Law is offering an Intellectual Property Summer Institute (IPSI) this summer in two sessions – May 24 to June 11, 2021 and June 14 to July 2, 2021. For further details, please see the announcement below: Attend UNH Franklin Pierce’s IP Summer Institute for Unparalleled Opportunities in Training and Networking Ever since Indian law graduate Jaya Mitra realized she could…

Supreme Court Recognises Doctrine of Copyright Exhaustion in Softwares, And Its Subservience to EULAs

by SpicyIP March 9, 2021

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We’re pleased to bring you a guest post by Vedangini Bisht and Shubham Chaudhary on a recent Supreme Court order wherein the Doctrine of Copyright Exhaustion was recognised vis-a-vis Software. Vedangini and Shubham are both fourth year students at National Law University, Delhi. Vedangini has earlier written guest posts for us on frequently overlooked corollaries of academic patenting here, and the need for an expansive application of copyright exhaustion on digital medium here. Supreme Court Recognises Doctrine of Copyright Exhaustion…

Patent

Intellectual Property Appellate/Advisory/Adjudicatory Board?

by SpicyIP March 1, 2021

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We are pleased to bring our readers another guest post by Amit Tailor, discussing a recent practice he has observed of the IPAB/Board ‘suggesting’ amendments to patent applicants, and allowing them without concurring with the Controller. The post also goes on to review the statutory vires of this practice. Amit is working as Manager (Sr. Scientist) at Cadila Healthcare Ltd., handling patent drafting, filing & prosecution, FTO, patentability & invalidity mainly. He has an LL.B. from the Faculty of Law,…

Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward

by SpicyIP February 18, 2021

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We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the recent Bill moved by the Government in the Parliament proposing to shut down IPAB and the way forward. Justice Sridevan needs no introduction – she served as a judge of the Madras High Court from 2000 to 2010 and as the Chairperson of the IPAB from 2011 to 2013 and her stint as both resulted in a number of significant IP developments, which we…

Akshat Agrawal { Hi Adarsh. Thank you. Continuing the conversation. Okay so I think step 1 is important. Copyright exists- but on what does copyright exist? The court has many times... }
Anonymous { But i am not able to understand the PMLA tribunal is closed from 21st September 2018 since the day former judge Mr. Manmohan Singh completed his term as... }
Adarsh Ramanujan { Thanks, Akshat. I agree that the majority in Oracle is a reflection of the dissent from Star Athletica. This supports my overall view that the majority in Oracle... }
Makrand Chauhan { Kudos! Excellently penned down article, Nikhil..!! }
Anonymous { what the purpose will solve beating dead wood now by compiling all articles of blog post, how the Government hastily scrapped the IPAB , it completely shows short-sightedness... }