Author name: SpicyIP

Part I: A Peek Behind the Curtains of the Patent Amendment Rules 2024

/ By / Patent

In early July, Prashant shared with us a mammoth RTI response containing juicy insights on the comments received on the Patent Rules and the 2021 Standing Committee Report on the IP regime in India. The response also included the Patent Office’s replies to stakeholders’ comments on the Draft Patent Rules, 2023, which reveal an interesting contrast between their position and the ultimate outcome on some provisions, as well as other considerations (such as the FTA negotiations) owing to which the […]

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Knowledge as (Constitutional) Commons, Knowledge as Commodity: Assessing the Implications of Delhi HC’s Sci-Hub Order through Boyle’s ‘Second Enclosure Movement’

/ By / Copyright

Assessing the implications of the Sci-hub blocking order from the lens of James Boyle’s work, “The Second Enclosure Movement and the Construction of the Public Domain” (2003), Sarthak Gupta explains how it affects education, research, and scientific progress in the country. Sarthak is a lawyer currently serving as a Judicial Law Clerk-cum-Research Associate to Justice Sandeep Mehta at the Supreme Court of India. He was not involved in the case in any capacity, and all views expressed are his own, not

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License to Kill (Innovation): Problems of the Indian SEP-Antitrust Gridlock

/ By / Patent

In light of the anticlimactic end to the Ericsson v. CCI dispute, SpicyIP Tech Innovation Policy Fellow Ambika Aggarwal writes on how the long battle for sectoral power and the lack of policy guidance from the Patent and Competition Law authorities, especially in matters of SEP and antitrust overlaps, divert focus from markets and affect innovation incentives and domestic competition. Ambika is a Ph.D. (IP Law) scholar at NALSAR University of Law, Hyderabad. Her experience includes working as a Research

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Part II: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex

/ By / Patent

Continuing the discussion on Stephanie Switzer, Adam Strobeyko, Mark Eccleston-Truner, Sylvain Aubry, and Michelle Rourke’s paper on Pandemic Agreement’s Annex, in Part II of the post, Srishti discusses the considerations put forth in the paper. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. Part II: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex In Part I, the blog post dived into suggestions proposed in the paper

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Part I: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex

/ By / Patent

Explaining Stephanie Switzer, Adam Strobeyko, Mark Eccleston-Turner, Sylvain Aubry, and Michelle Rourke’s suggestions on the Pandemic Agreement’s Annexure on Pathogen Access and Benefit-Sharing (“PABS”) system, in the first part of her two-part post on the Annexure, Srishti Gaur assesses their feasibility and potential implications. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex (Part I) By Srishti Gaur After

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Caught in Limbo: The Karnataka HC’s Compromise on Staying Patent Infringement Suits

/ By / Patent

On March 1, the Karnataka High Court addressed the question of whether a patent infringement proceeding must be stayed for the duration of a pending revocation petition. Anushka Kanabar examines the order and assesses how the Court tried to strike the balance by concluding that the infringement proceeding should be stayed at the stage of final hearings, and whether the Patents Act supports this understanding. Anushka is a fourth-year B.A., LL.B. (Hons.) student at the National Law School of India

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How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar

/ By / Trademark

The Delhi High Court has clarified that simply accessing a plaintiff’s website or registering a mark in its territory does not give the Court jurisdiction. Srishti Gaur unpacks the ruling and shows how it sharpens the position in light of earlier precedents. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar By Srishti Gaur In

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Whose Jurisdiction is it Anyway?: SC Dismisses CCI’s Appeal Against Ouster of Jurisdiction on Patent Issues

/ By / Patent

The Supreme Court in Ericsson v. CCI was expected to clear the air on a tricky regulatory question concerning CCI and the Controller General, but the dispute seems to have had an anticlimactic end with the Court declining to decide on the point of law. Ambika Aggarwal writes on this development below. Ambika is a Ph.D. (IP Law) scholar at NALSAR University of Law, Hyderabad and is also a SpicyIP Tech Innovation Policy Fellow. [Please note that we are still

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Vasundhra vs Vasundhara: Notes on Section 35 and the Goodwill Question

/ By / Trademark

A division bench of the Delhi High Court recently clarified that a proprietor does not need to use their full name to avail of the Section 35 defence against a trademark infringement action. Explaining the Court’s rationale, Subhalaxmi Mukherjee discusses why associating the identity of a company with the name of the proprietor might be problematic. Subhalaxmi is a third-year B.Sc LL.B. (Hons.) student at the West Bengal National University of Juridical Sciences (WBNUJS), Kolkata. She is interested in a

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From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court

/ By / Copyright

Discussing the Disco Dancer and Dream Girl 2 decisions by the Bombay High Court, Aali Jaiswal explains how the Copyright Act, 1957, distinguishes between exclusive rights under Section 14 and the limits on protection under Section 13. Aali is a third year B.A.LL.B student at Dr. Ram Manohar Lohia National Law University, Lucknow. Her primary areas of interest lie in Intellectual Property Law and Technology Law. From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court By Aali

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