We’re pleased to bring to you a guest post by Karan Dhalla, a 4th year student at the National Law School of India University, Bangalore. The post critically analyses the judgment passed by the Bombay High Court in Tips v. Wynk earlier this year, wherein it was held that the statutory licensing scheme under Section 31D of the Copyright Act does not apply to internet broadcasting. We’d covered this judgment in an earlier post here. Tips Industries v. Wynk Music: A Case…

Events

SpicyIP Events: 5th Asian IP Works-in-Progress Conference [January 9-10, 2020; Hong Kong]

by SpicyIP September 6, 2019

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We’re pleased to announce that the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University will be co-organising the 5th edition of the annual ‘Asian IP Works-in-Progress Conference’ with School of Law, City University of Hong Kong on January 9-10, 2020. The deadline for submission of paper proposals is October 15, 2019. For further details, please read the announcement below: 5th Asian IP Works-in-Progress Conference [January 9-10, 2020; Hong Kong] Singapore…

Others

Shamnad Basheer (1976–2019): The Man, the Academic and the Friend

by SpicyIP August 11, 2019

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While we’re all struggling to come to terms with the heart breaking loss of our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer, we bring to you a lovely tribute to him by Prashant Reddy or the “Prolific” Prashant, as Prof. Basheer often used to fondly call him. Prashant was invited by Prof. Basheer to join the blog in 2007 and had since then worked very closely with him towards fostering transparency in the Indian IP ecosystem, both through regular…

Geographical Indication

Happy Feet and Not-so-Happy Hands: Meaning of GI for Kolhapuri Chappals

by SpicyIP July 31, 2019

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We’re pleased to bring to you a guest post by Dr. Sunanda Bharti on the GI tag for Kolhapuri chappals. Dr. Sunanda is an Assistant Professor in Law at Delhi University. She has written two guest posts for us in the past as well, which can be viewed here, here and here. Happy Feet and Not-so-Happy Hands: Meaning of GI for Kolhapuri chappals Dr. Sunanda Bharati Introduction Though GI in favour of Kolhapuri was registered in December 2018 itself, the news…

Trademark

The Timken Template: The Delhi High Court Ruling in Suzuki Motor v. Suzuki India

by SpicyIP July 30, 2019

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We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court ruling in Suzuki Motor v. Suzuki India. Eashan has been in practice 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 Indian intellectual property law, including a monthly review of Delhi High Court judgments, on his Medium page. He has written guest posts for…

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: The Story of ‘Sona Moti’

by SpicyIP July 29, 2019

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In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares the story of a variety of wheat recently named Sona Moti. In way of context, the post briefly describes the current revival of ancient grains globally, specifically Emmer wheat varieties. The story of Sona Moti demonstrates the issues of traceability in variety development and the importance of intellectually property-broad. The Story of Sona Moti Natalie Kopytko…

The Idea of Mandatory Automated Filters: Bringing About a Rapid Discourse Shift From Intermediary Immunity to Intermediary Responsibility

by SpicyIP July 25, 2019

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We’re pleased to bring to you a guest post by Simrat Kaur, wherein she analyses the impact of mandating automatic filtering of copyright infringing content by internet intermediaries. 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…

Patent Plant Variety Protection

Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu

by SpicyIP January 2, 2019

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We are pleased to bring to you an insightful guest post by Dr. Deepa Kachroo Tiku on a contested provision of patent law involving the exclusion of plants/animals and essentially biological processes. As readers are aware, this exclusion (section 3(j)) is at the forefront of a big ticket patent battle between Monsanto and Nuziveedu. As we understand, the hearings have concluded and the court is expected to issue a decision sometime soon. Deepa is a partner at K&S Partners and…

Registration of RMPL as a Copyright Society – Will It Set the Stage for New Repertoire of Problems?

by SpicyIP October 28, 2018

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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 has recently started independent practice under the banner “The Endretta”. Registration of RMPL as a Copyright Society – Will It…

IFPI Music Report, 2018 Is Out with A Bunch of Healthy Sale Figures But Persisting “Value Gap”

by SpicyIP May 2, 2018

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We are 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 has recently started independent practice under the banner “The Endretta”. While working with the said law firms, she has…

Praharsh Gour { Hey Anon, Thank you for the comment and bringing this decision to my knowledge. I can only agree with you on this point. In fact if you read... }
{ There is also enough SC case laws to say that the suit can be thrown out if you suppress material facts. Every arguing lawyers favourite case - SP... }
Mathews George { The UK Supreme Court primarily viewed it as a contract law dispute. And based its reasoning on internal and external contexts surrounding the ETSI Policy. Having said that,... }
Praharsh { Dear Anon, Please note this second post is about when the trial phase is not being dispensed with, whereas Prof Basheer's paper is advocating the doing away of... }
{ Disappointing that none of professor Basheer's scholarship was cited in this post - he has an entire paper on whether interim injunctions are required in patent cases. }

De-Coding Indian Intellectual Property Law

Tips Industries v. Wynk Music: A Case of Statutory Mis-Interpretation?

SpicyIP Events: 5th Asian IP Works-in-Progress Conference [January 9-10, 2020; Hong Kong]

Shamnad Basheer (1976–2019): The Man, the Academic and the Friend

Happy Feet and Not-so-Happy Hands: Meaning of GI for Kolhapuri Chappals

The Timken Template: The Delhi High Court Ruling in Suzuki Motor v. Suzuki India

The Sustainable Seed Innovations Project: The Story of ‘Sona Moti’

The Idea of Mandatory Automated Filters: Bringing About a Rapid Discourse Shift From Intermediary Immunity to Intermediary Responsibility

Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu

Registration of RMPL as a Copyright Society – Will It Set the Stage for New Repertoire of Problems?

IFPI Music Report, 2018 Is Out with A Bunch of Healthy Sale Figures But Persisting “Value Gap”