We’re pleased to bring to you a guest post by Pragati Agarwal questioning the locus standi of a private entity seeking GI protection for Chinnor rice. Pragati is a 5th year student at Symbiosis Law School, Noida. A Private Entity Seeks GI Protection for Chinnor Rice: Does it have the Locus Standi? Pragati Agrawal As an aspiring lawyer, I have a great deal of interest in Geographical Indications (GI) as an area of intellectual property. After going through the online…

Others

Singapore’s Daren Tang Elected as Director General of WIPO amidst a Bitter US-China Face-off – What’s in Store for the Global South and the Development Agenda?

by SpicyIP March 9, 2020

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We’re pleased to bring to you a guest post by Sachin Sathyarajan on the recent election of Singapore’s Daren Tang as the Director General of WIPO. Sachin is a specialist in international law and policy. He is currently engaged as a Senior Research Associate at Jindal Global Law School in India. He also serves as a consultant to the Department of Biotechnology, Government of India. He had previously worked with international organizations in Geneva including the World Intellectual Property Organization…

Others

SpicyIP Weekly Review (March 2 – 8)

by SpicyIP March 9, 2020

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(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Prashant wrote on the order appointing Justice Manmohan Singh to the IPAB until September 21, 2020, a year beyond his actual tenure, pursuant to a Supreme Court order in a petition filed by AIPPI. He notes that the petition was not the first instance where the lawyers have sought his extension or re-appointment. Further, he states that this order of the SC is…

Others

Experience at the Second IP and Innovation Researchers of Asia (IPIRA) Conference, 2020

by SpicyIP March 7, 2020

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We’re pleased to bring to you a guest post by Debmita Mondal, Assistant Professor, Hidayatullah National Law University (Raipur), on her experience at the Second IP & Innovation Researchers of Asia Conference, recently held in Jakarta, Indonesia. Experience at the Second IP and Innovation Researchers of Asia (IPIRA) Conference, 2020 Debmita Mondal The IP and Innovation Researchers of Asia (IPIRA) 2020 Conference took place last week on the 27th and 28th February at Faculty of Law Universitas, Indonesia. This is…

Trademark

Policy Questions Regarding Protection of Scent Marks

by SpicyIP March 6, 2020

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We’re pleased to bring to you a guest post by Anupriya Dhonchak exploring policy questions regarding protection of smell marks. Anupriya is a 4th year law student at National Law University, Delhi. Policy Questions Regarding Protection of Scent Marks Anupriya Dhonchak One of the cutting edge topics in trademark law today is the issue of non-conventional trademarks. As per the Indian Trade Marks Act a ‘mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of…

Others

SpicyIP Jobs: Research Fellow/Associate Position & Ph.D. Program at ARCIALA, SMU School of Law, Singapore [Apply by April 2]

by SpicyIP March 5, 2020

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We’re happy to inform our readers that the School of Law at the Singapore Management University (SMU) has an opening for Research Associate/Research Fellow position for its Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA). The Centre is also inviting applications for its fourth program of sponsoring PhD candidates at their final year of thesis writing to come to SMU for six months. The deadline for applications for both the positions is April 2, 2020. For details,…

Others

Justice Rajagopala Ayyangar Summer Fellowship 2020 by IUCIPRS, CUSAT [Apply by March 16]

by SpicyIP March 3, 2020

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We’re pleased to inform you that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is offering two Summer Fellowships under ‘IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship’ program during April to June 2020. The deadline for applications is March 16, 2020. The norms for the award of the fellowships can be accessed here and application form here. For further details, please read the announcement below: Announcement of IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship 2020 Instituted by INTER UNIVERSITY CENTRE FOR…

Competition Law

Draft Competition (Amendment) Bill Proposes Extension of Protection to IPR Holders in Abuse of Dominance Cases

by SpicyIP March 3, 2020

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We’re pleased to bring to you an insightful guest post by Dr. Vikas Kathuria on the new section 4A proposed by the Draft Competition (Amendment) Bill, 2020, which would extend the IP related exception to abuse of dominance cases also. Dr. Kathuria is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition, Munich and was formerly a faculty member at School of Law, Benett University. He has many publications to his credit and he is a…

Others

SpicyIP Fortnightly Review (February 18 – March 1)

by SpicyIP March 2, 2020

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(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Namratha, our new Student Fellow, discussed the notice issued by the Delhi HC on a petition challenging the Drug (Prices Control) Order, 2013 (‘DPCO’) and its amendment in 2019. She traces the origin of the DPCO to the Essential Commodities Act, 1955, and discusses grounds of the petition filed by the All India Drug Action Network (‘AIDAN’). First, she points out to the…

Patent

Synthesising Arbitrability of Standard Essential Patents Disputes in India

by SpicyIP February 21, 2020

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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)….

Adyasha Samal { Thank you for bringing out that point, sir. Indeed, implementing a mandatory registration system would unfairly deprive Indian authors of the rights that foreign authors would continue to... }
Jagdish Sagar { Under Article 5(2) of the Berne Convention, copyright protection in works originating in other member countries of the Berne Union cannot be subject to any formalities. If India... }
Praharsh Gour { Hey Megha, Thank you for your comments and pointers. The scenario suggested by you are exactly the same thing we have raised concern about. Seemingly the whole business... }
Megha Banerjee { The only reason that government (ICMR) does not allow other pvt. Drug manufacturing companies to manufacture may be restrictions on ICMR and other other govt. Agencies to create... }
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... }