SpicyIP Events: Sagacious IP’s Webinar on Best Practices in Innovation Management – Boosting R&D ROI [April 14]

by SpicyIP April 9, 2020

We’re pleased to inform you that Sagacious IP is organizing a webinar in order to provide an insight to IP departments, into how they can deal with the economic impact of COVID-19. For further details, please read the announcement below: Webinar on Best Practices in Innovation Management – Boosting R&D ROI [April 14, 2020] Top global economists have hinted the onset of economic recession due to the COVID-19 pandemic. Apart from a direct impact on production and sales there…

Badshah’s Genda Phool Controversy – Cultural Appropriation, Cumulative Creativity and Copyright Law

by SpicyIP April 7, 2020

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We’re pleased to bring to you a guest post by our Fellowship applicant, Anupriya Dhonchak on the recent ‘Genda Phool’ row involving the rapper Badshah. Anupriya is a 4th year law student at National Law University, Delhi. She’d written a guest post for us last month as well. Badshah’s Genda Phool Controversy: Cultural Appropriation, Cumulative Creativity and Copyright Law Anupriya Dhonchak In a recent controversy, singer rapper Badshah has been accused of not crediting Ratan Kahar, the original singer and…

FIR against ShareChat for Copyright Infringement: Time to Introspect the ‘Safe Harbour’ Provision?

by SpicyIP April 6, 2020

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We’re pleased to bring to you a guest post by Priyanka Joshi, examining the liability of platforms like ShareChat for copyright infringement in view of the recent dispute between ShareChat and Lahiri Recording Company. Priyanka is the General Secretary at The Indian Music Industry (IMI), an association representing Indian music record companies. FIR against ShareChat for Copyright Infringement: Time to Introspect the ‘Safe Harbour’ Provision? Priyanka Joshi A few weeks ago, the Yashwantpura Police Station in Bengaluru registered an FIR against…

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SpicyIP Weekly Review (March 30 – April 5)

by SpicyIP April 6, 2020

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(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlights Divij wrote on the voluntary initiatives undertaken across the world for facilitating improved access to COVID-19 related IP. First, he provides insight into the ‘Open Covid Pledge’, which aims to grant a ‘royalty-free patent licence’ for any entity to adopt, in order to end or minimize the impact of COVID-19. However, he notes the uncertainty surrounding the position of licensed IP…

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SpicyIP Announcements: PatSeer’s Hackathon to Beat COVID-19

by SpicyIP April 4, 2020

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We’re glad to inform you that PatSeer has undertaken an initiative to assist anyone working or researching on medical devices, vaccines or drugs to combat COVID-19, free of cost. For further details, please read the announcement below: PatSeer’s Hackathon to Beat COVID-19 We are running an initiative to beat COVID-19, in it we will help anyone working / researching on medical devices, vaccines or drugs to combat COVID-19. To fast-track your ongoing research, we will work with the information professional…

Overlaps in IP Patent Trade Secret

Can Patents and Trade Secrets Co-exist? : Delhi High Court Answers in the Negative

by SpicyIP April 3, 2020

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We’re pleased to bring to you a post by Aditya Gupta on the Delhi High Court’s recent decision on the interplay between trade secrets and patents. Aditya is an attorney at Ira Law. He graduated from National Law University, Jodhpur and then pursued a master’s in law from Harvard Law School. Before co-founding Ira Law, he was part of another law firm for 7 years and then an associate at the chambers of Mr. Amit Sibal. Can Patents and Trade…

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Examining the Suspension of India’s GSP Trading Privileges

by SpicyIP April 1, 2020

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A post earlier today by Prashant looked at the axing of royalties paid by around 45 seed companies to Bayer (which acquired Monstanto) for its Bt technology, through an order under the Essential Commodities Act. In the post, among other things, he also points out that India’s use of price control under the Essential Commodities Act for medical devices led to the suspension of its GSP trading privileges. We’re very pleased to share a quick follow-up guest post by Prof….

Trademark

Generic Domain Names as Trademarks: Registrability and Enforcement

by SpicyIP April 1, 2020

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We’re pleased to bring to you an insightful post by Raunaq Kamath on the discrepancy in registration and the subsequent enforcement of generic words as domain names and trademarks. Raunaq is an attorney at Ira Law. Generic Domain Names as Trademarks: Registrability and Enforcement Raunaq Kamath Domain names are a commodity, and a valuable one at that. For instance, cars.com is said to have been valued at a whopping USD 872 million. According to GoDaddy, the 5 most expensive domain…

COVID-19 Trademark

Corona and Trademarks: Opportunistic Marketing or Unhealthy Opportunism?

by SpicyIP April 1, 2020

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We’re pleased to bring to you an interesting and pertinent post by our intern, Bhavik Shukla, analysing the trademark related issues thrown up by the COVID-19 pandemic. Bhavik is a 5th year student at NLIU, Bhopal. Corona and Trademarks: Opportunistic Marketing or Unhealthy Opportunism? Bhavik Shukla The COVID-19 pandemic has wreaked havoc across the world, with countries constantly battling to prevent new infections and cure the existing ones. Even in such economically and socially constipated times, some people try to…

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SpicyIP Weekly Review (March 23 – 29)

by SpicyIP March 30, 2020

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(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Namratha covered the first (reported) coronavirus related IP dispute in India, where Hindustan Unilever (‘HUL’) took Reckitt Benckiser (‘RB’) to the Bombay HC over its allegedly disparaging handwash advertisement. She states that HUL claimed first that RB’s advertisement disparaged its soaps, second that RB had copied its earlier published advertisement, and third that RB was creating a false propaganda that washing hands with…

Mathews P. George { Thanks for the comments. i) It is not clear as to how this judgment will lead to over-valuation and flooding of cases in the high court. The more... }
Eashan Ghosh { I notice that Shobhit’s comment above has addressed much of what I’d intended to say so I’ll just reinforce a couple of talking points: First, there is no... }
Shobhit { The unforseen domino effect that this judgment can create is missed while writing it. A particular Plaintiff for a particular IP, so far as Delhi is concerned, can... }
Lokesh Vyas { Hi Saswati, I think there is no separate submission of the abstract, there is just one deadline for the essay i.e. July 14, 2022 (23:59 IST). Best of... }
{ https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/IP/C/W688.pdf&Open=True }