Author name: SpicyIP

How India Learnt to Stop Complaining and Love Copyright

/ By / Copyright, Others

[This post is a part of the IP History series and is authored by Shivam Kaushik. Shivam is a 2020 law graduate from Benaras Hindu University and is presently working as a law researcher at the Delhi High Court. The first post of the series on India and the Berne Convention can be accessed here and his previous posts can be accessed here.] In the story of Indian copyright law, the city of Stockholm has a prominent place. We copyright […]

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SpicyIP Weekly Review (June 26-July 2)

/ By / Copyright, Others, Patent, Trademark

Last week was pretty action-packed here on the blog. We featured 8 posts discussing important IP developments like the Bombay High Court’s important clarification on the re-assignment of copyright, the opacity on public money spent on R&D by the government, in the last decade. We also featured important news reports about the change in the roster of Delhi High Court IPD and the declaration of results for the 2023 Patent and Trademark Agent Exams.  Here is our quick recap of

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Sifting Through the Pages: SpicyIP in the Junes

/ By / Others

SpicyIP, in its over 17 years of existence, has discussed a substantial part of Indian IP’s modern evolution. From Prof. Basheer’s first SpicyIP post in October 2005, ‘from the sprawling corn fields of Illinois, Champaign’, till now, July 2023, at 17 years and 8 months old, the blog is nearing the age of legal majority! Another interesting number – in approximately 6400 days of its existence, there have been about 6200 blog posts – averaging almost a blogpost a day

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The Tussle with NCERT: A Copyright Angle

/ By / Copyright

[This guest post is authored by Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields.]  The National Council for Educational Research and Training (NCERT), an autonomous body set up by the Government to ‘assist and advise the Central and State on policies and programmes for qualitative improvement in school education’. And as many readers would know, it has recently

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‘Win-Win Situation’: Compulsory Licensing Royalties Decided by Madras High Court

/ By / Others

[This guest post is authored by Devangini Rai. Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is an IP lawyer based out of New Delhi. Though she has represented the parties involved in this dispute in the past, the views expressed here are those of the author’s alone. She has previously written for SpicyIP here.] Pronouncing yet another judgement in the compulsory licensing litigation under Section 31(1)(b) of

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Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP?

/ By / Innovation, Patent

We are extremely pleased to bring to our readers a guest post by Prashant Reddy T. and Saranya Ravindran on the lack of transparency on public funded R&D in India. Prashant, one of our most prolific bloggers, is an advocate and an author. Saranya is a 3rd year student at Nalsar University of Law, Hyderabad. Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP? Prashant Reddy T. and

Over the Last Decade India has Spent Rs. 1,00,000 crores on Scientific Research with No Transparency: Time to Resuscitate the PUPFIP? Read More »

Proving ‘Bonafide’ Marriages: Del HC’s ‘Sanskari’ Interpretation of Section 52(1)(za)

/ By / Copyright

[This guest post is authored by Anjali Baskar. Anjali is a fourth-year student pursuing B.B.A. LL.B. (Hons.) from School of Law, Christ University, Bengaluru. She is keenly interested in exploring various fields in law, especially IP, Media & Entertainment.] (Unsatisfactory) Track Record vis-à-vis Section 52(1)(za) Last time the court tried to interpret Section 52(1)(za) regarding playing of copyrighted sound recordings (back in October 2022), it resulted in an ‘amicable’ settlement between the parties, being PPL (Plaintiff) and an event management

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SpicyIP Weekly Review (June 19 – June 25)

/ By / Copyright, Geographical Indication, Patent, Trademark

Last week saw some really interesting discussions on the blog. Swaraj announced the new initiative to discuss the history of IP law on the blog and kickstarted this with informative posts from Shivam Kaushik on Indian copyright history and its entanglement with Berne Convention. Later, Lokesh wrote on a 1958 Allahabad High Court order highlighting the State’s demand for an unconditional apology for copyright infringement. We also came across the Bombay High Court’s order noting a disturbing trend of an

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Beckoning the State: An Analysis of Open TV Inc vs. Controller of Patents and Design

/ By / Patent

[This guest post is authored by Pragya Singh and Lakshita Handa. Pragya is a Senior Resident Fellow at the Vidhi Centre for Legal Policy, New Delhi and Lakshita is a Research Fellow at the Vidhi Centre for Legal Policy, New Delhi. They work in the area of Legal Design and Regulation. Views expressed here are those of the authors’.] Drafting laws and policies is a rigorous process that involves multiple stages of deliberation, negotiation, and consultation between relevant stakeholders on

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Oops! India fell into the Berne Convention

/ By / Copyright

[This post is a part of the IP History series and is authored by Shivam Kaushik. Shivam is a 2020 law graduate from Benaras Hindu University and is presently working as a law researcher at the Delhi High Court. His introductory post on the series can be accessed here and his previous posts can be accessed here.] George Orwell was a linguistic genius! In a paper written in 1946, he observes that we often have to defend what we find

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