Author name: SpicyIP

SpicyIP Weekly Review (May 20-May 26)

/ By / Copyright, Patent, Trademark, Traditional Knowledge

Here is our recap of last week’s top IP developments including summaries of posts on the WIPO’s latest Treaty on IP, Genetic Resources and Associated Traditional Knowledge, agreements between EShodhSindhu and different publishers, Calcutta High Court’s decision in the Vodafone v. Saregama case, Delhi High Court’s decision in the Jackie Shroff personality rights case. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of […]

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Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK

/ By / Traditional Knowledge

Right on the heels of Praharsh’s post on the disclosure requirement in the new WIPO Treaty on IP, genetic resources and associated traditional knowledge, we are pleased to bring to you this guest post by Mr. R. S Praveen Raj highlighting the implications of this treaty on databases like the Traditional Knowledge Digital Library (TKDL) and emphasising on the need for a legislation for protection of traditional knowledge outside the IP framework. Mr. Praveen Raj is a scientist and technology

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Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

/ By / Copyright

On the recent Calcutta High Court’s decision (Vodafone v. Saregama) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous

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A Decade after the DU Photocopy Case, Publishers get their Pound of Royalties from Indian Taxpayers

/ By / Copyright

On the licensing agreement between publishing houses- Oxford University Press and Taylor & Francis and the government run digital consortium E-ShodhSindhu, we are pleased to bring to you this guest post by Prashant Reddy T., explaining how this agreement may technically give the publishing houses what they wanted through the decade old DU photocopy case. Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here). He is also the co-author of two books-

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After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood

/ By / Trademark

Recently on May 15, the Delhi High Court granted partial relief to Hindi film actor Jackie Shroff in a case alleging infringement of his personality rights and trademark “Bhidu”. Interestingly, this case comes only a few months after the Delhi High Court’s order concerning personality rights of another Hindi film actor- Anil Kapoor, where the Court read his personality rights from the lens of right to livelihood. Comparing the approaches of the Courts vis a vis personality rights and the

After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood Read More »

SpicyIP Weekly Review (May 13- May 19) 

/ By / Copyright, Patent, Trade Secret, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week  Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law

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SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta

/ By / Copyright, Design, Trademark

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous posts can be found here.] The fashion industry will never go out of business! In 2022, the size of the domestic textile and apparel industry was estimated at a whooping $125 billion. Players in the fashion industry benefit

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After 19 Years, Delhi High Court Passes the Judgement in the Viagra-Vigoura Trademark Dispute

/ By / Trademark

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous post can be found here.] Viagra- the samples that never came back! Ever since the drug was first manufactured, it has been the center of curiosity and complexities. It is an amusing fact that the drug was being

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Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part II

/ By / Trademark

Continuing the discussion (see here for Part I) on the Delhi High Court and the Supreme Court’s 2023 Keywords decisions, Malak Sheth critiques the Courts’ approach, arguing that use of a trademark in digital world cannot be viewed from the same lens of assessing their use in the physical world. Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. For the interested readers, the Delhi High Court’s division bench decision in Google v. DRS

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Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part I

/ By / Trademark

Critiquing the 2023 decisions on Keywords by the Delhi High Court and the Supreme Court, we are pleased to bring to you this two part post by Malak Sheth. In part I of the post, he critiques the Supreme Court’s observation in MakeMyTrip India Private Limited v. Google LLC on likelihood of confusion among the consumers. Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. In case any reader is interested, this order has

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