Author name: SpicyIP

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Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I)

/ By / Copyright

We’re pleased to bring you an in-depth two-part guest post by Akshat Agrawal looking into the ‘incentive/compensation’ structure actually in place for artists in India, its consequences, and a suggested amendment in the copyright law to deal with these issues. Akshat Agrawal is a law graduate from Jindal Global Law School, Sonipat and is currently working as a law researcher cum judicial clerk at the Delhi High Court. He has previously also written two guest posts for us, ‘Masakali 2.0: […]

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Are Orbital Transfer Trajectories Patentable?

/ By / Patent

We’re pleased to bring to you a guest post by Shivam Kaushik, analysing the patentability of orbital transfer trajectories of spacecrafts in light of the recent patent grant to NASA in the US for ‘a method for transferring a spacecraft from the Geosynchronous Transfer Orbit (GTO) to Lunar Orbit’. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He’s previously also written guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s

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Section 46(2): ‘One Patent Per Invention’ or ‘One Invention Per Patent’?

/ By / Patent

We’re pleased to bring to you a guest post by Amit Tailor, analysing whether rejection of claim(s) of a later patent application having ‘similar’ or ‘overlapping’ scope with that of an ‘earlier’ patent application is appropriate under section 46(2) of the Patents Act which provides that a patent can be granted for one invention only. Amit is working as Manager (Sr. Scientist) at Cadila Healthcare Ltd., handling patent drafting, filing & prosecution, FTO, patentability & invalidity mainly. He has an

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Book Cover of William Patry's How to Fix Copyright

A Copyright Reform Agenda from a Group of Like-Minded IP Teachers

/ By / Copyright

As Nikhil recently noted on the blog, there are currently on-going discussions as to whether the Copyright Act should be amended, with industry associations and law firms being invited to comment on the matter. As he had pointed out then, it is vitally important that industry and their representatives (law firms) not be the only ones sending in these comments, since very few, if any, have reason to focus on the public interest element. In this context, we are very

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Dr Vikas Khaturia

The Antitrust App Store Wars Come to India

/ By / Competition Law

We’re pleased to bring our readers an insightful post by Dr. Vikas Kathuria looking into the latest ‘digital gatekeeping’ controversy that Big Tech has found itself in in India, with the Competition Commission of India having ordered an investigation into Google’s conduct relating to Google Pay and the Play Store. Dr. Kathuria is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition, Munich and was formerly a Research Associate at the Competition Commission of India (CCI).

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Blackboard with the words "Public Interest?" written on it

Back to the Drawing Board: Indian Courts’ Tryst with Public Interest Principle in Pharmaceutical Patent Infringement

/ By / Patent

The recent past has seen a few blogposts on how public interest is factored in (or isn’t) by courts. A post looking at public interest as viewed in interim injunctions for pharma cases was posted here, and another post looking at public interest in the pandemic context was posted here. We’re very pleased to bring to our readers another post focusing on this public interest element, which among other aspects also puts forward some thoughts on how it could perhaps

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Trademark Trolls: Perspectives, Pitfalls and the Way Forward

/ By / COVID-19, Trademark

We’re pleased to bring to you a guest post by Manvee Kumar Saidha, analysing the effect of ‘first to use’ and ‘first to file’ regimes on trademark trolling, in light of the attention that the the recent Sony PS5 case has drawn towards the possibility of such trolling becoming a menace in India. Manvee is a 4th year law student at School of Law, Christ University, Bangalore. Trademark Trolls: Perspectives, Pitfalls and the Way Forward Manvee Kumar Saidha Trolls – a

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Third IP & Innovation Researchers of Asia Conference [Online; March 24-27]

/ By / Event, Opportunities

We are pleased to inform our readers that the Third IP & Innovation Researchers of Asia Conference will be held online from March 24-27, 2021. The deadline for submission of the request to present a paper and the abstract is December 15, 2020. For further details, please read the post below: Third IP & Innovation Researchers of Asia Conference March 24-27, 2021 The Third IPIRA Conference is organized by the IPIRA Network in cooperation with the World Intellectual Property Organization (WIPO) Academy, the World Trade Organization (WTO),

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Appeals to Controllers’ Decisions at IPAB – Part II: The Current Practice of Handling Appealed Matters at the Patent Office

/ By / Patent

This is the second part of a two part post by Amit Tailor that digs into the manner in which patent appeals are managed and handled. The first part looked into a worrying trend regarding representation from the Patent Office in IPAB proceedings. This second part examines an RTI response to look deeper into how these appealed matters are handled at the Patent Office. Notably, as he points out, the interaction around this RTI also led to the Patent Office

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Appeals to Controllers’ Decisions at IPAB – Part I: Manner in Which the Appeals are Getting Disposed of at IPAB

/ By / Patent

We’re excited to bring our readers a two part post by Amit Tailor that digs into the manner in which patent appeals are managed and handled. The first part observes a worrying trend regarding representation from the patent office in IPAB proceedings, while the second part zeroes in on an RTI response to look deeper into how these appealed matters are handled at the patent office. Amit Tailor is working as Manager (Sr Scientist) at Cadila Healthcare Ltd, handling patent

Appeals to Controllers’ Decisions at IPAB – Part I: Manner in Which the Appeals are Getting Disposed of at IPAB Read More »

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