Antitrust Scrutiny in Patent Licensing Disputes: An Alternative Approach to Delhi HC’s Decision in Monsanto v. CCI

by SpicyIP June 17, 2020

We’re pleased to bring to you a guest post by Abhilasha Nautiyal, analysing issues related to competition law scrutiny in patent licensing disputes in light of the Delhi High Court’s recent decision in Monsanto v. CCI . Abhilasha is an attorney at Ira Law, a firm that she co-founded with other colleagues. Prior to this, she was a partner at an IP law firm. Abhilasha graduated from the Army Institute of Law and then pursued a master’s in law from…

SpicyIP Fellowship: Is Sub-Licensing Contemplated under the Indian Copyright Act? – A Response

by SpicyIP June 16, 2020

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We’re pleased to bring to you a guest post by our fellowship applicant Nikhil Purohit, on the issue of permissibility of sub-licensing of copyright in India. A couple of months ago, Latha had discussed this issue on the blog, arguing that sub-licensing is not permitted under the Copyright Act. In this post, Nikhil provides a different interpretation of the statutory provisions and argues that the Indian law does permit sub-licensing of copyright. Nikhil is a 4th year student at the…

SpicyIP Weekly Review (June 8 – 14)

by SpicyIP June 15, 2020

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[This post has been authored by our new intern, Vedanigini Bisht, a 3rd year student at National Law University, Delhi] Topical Highlight Government Copyright over Bare Acts: India’s Georgia et al Moment on the Horizon? Balu discussed the case of Arpit Bhargava v. Union of India and Anr. which has now come up before the Supreme Court. He notes that the appellants arguments regarding accessibility and copyright issue are misplaced. The Appellant’s prayer for accessibility is being addressed by the Delhi…

SpicyIP Fellowship: Digital Copyright Exhaustion in India – A Need For an Expansive Application

by SpicyIP June 11, 2020

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We’re happy to bring you a guest post by our Fellowship applicant, Vedangini Bisht, arguing for expansion of the copyright exhaustion doctrine to the digital medium in India. Vedangini is a 3rd year law student at National Law University, Delhi. Her first submission for the Fellowship can be viewed here. Digital Copyright Exhaustion in India: A Need For an Expansive Application Vedangini Bisht According to the doctrine of copyright exhaustion, when the owner of a copyrighted work gives consent for…

Events Opportunities Sponsored

I-WIN’s First Virtual National IPR Moot Court Competition 2020 [August 7 – 9]

by SpicyIP June 9, 2020

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We’re pleased to inform you that I-Win IP Services, in association with Govt’s Cell for IPR Promotion and Management (CIPAM), is organising its first Virtual National IPR Moot Court Competition. The competition is open to law, science and engineering students and will be held from 4th to 6th July 7th to 9th August, 2020. With an intent to encourage interdisciplinary learning, the competition mandates each participating team to comprise at least one science or engineering student. The deadline for registration…

Events Opportunities Sponsored

LexisNexis IP’s Live Webinar on How to Conduct a Prior Art Search Using ‘TotalPatent One’ [June 18]

by SpicyIP June 9, 2020

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We’re pleased to inform you that LexisNexis IP is organizing a live webinar on how to conduct a prior art search using their patent search software ‘TotalPatent One’ on June 18, 2020. For further details, please read the announcement below: Live Webinar on How to Conduct a Prior Art Search in the Largest Pool of Patent Documents We, LexisNexis Intellectual Property, are a leading global provider of the entire patent workflow solutions designed specifically for professionals in the intellectual property…

Opportunities

Reminder: 1st Shamnad Basheer Essay Competition on Intellectual Property Law [Submit by June 30]

by SpicyIP June 9, 2020

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On the occasion of our Founder Prof. (Dr.) Shamnad Basheer’s 44th birth anniversary on 14th May, we had announced the first edition of the Shamnad Basheer Essay Competition on Intellectual Property Law to celebrate his memory and his legacy of outstanding scholarship. After the announcement of the competition, we’d answered some common queries that we’d received from the interested participants here. We wish to remind you that the deadline for submissions for the competition is June 30, 2020 (23:59 IST)….

Patent

SEPs and Confidentiality Clubs: No Compatibility With Each Other

by SpicyIP June 8, 2020

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing why it is not in a defendant’s best interests to agree to a confidentiality club arrangement in a SEP litigation. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. His…

SpicyIP Weekly Review (June 1 – 7)

by SpicyIP June 8, 2020

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[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Bombay High Court Finds Web Series ‘Singardaan’ Prima Facie Infringing: Does Copyright Law Protect Themes of Stories? Arun covered the decision of the Bombay HC in Shamoil Ahmad Khan v. Falguni Shah, wherein the Defendants were temporarily restrained from making further adaptations or using their web series. He notes that the Court applied a distinct ‘abstraction’ process to compare the Parties’…

Masakali 2.0: Unconsented Song Remakes and Ownership of Copyright

by SpicyIP June 5, 2020

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We’re pleased to bring to you a guest post by Akshat Agrawal, discussing the issues relating to first ownership of copyright in musical works in light of the recent Masakali 2.0 remake controversy. He offers a detailed analysis on whether producers, in absence of an assignment, have a right to remake or authorize a remake of songs without the consent of the composers. Akshat is a 5th year student at the Jindal Global Law School, Sonipat. He’s written a guest post…