Delhi HC Refuses Interim Injunction against Use of Acronym ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question Unanswered?

by SpicyIP July 14, 2020

We’re pleased to bring to you a guest post by Devangini Rai, analysing a recent Delhi High Court order that refused to grant an interim injunction against the use of the acronym ‘TCV’ in relation to a typhoid vaccine. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Delhi HC Refuses Interim Injunction against Use of Trademark ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question…

Trademark

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law?

by SpicyIP July 10, 2020

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We’re pleased to bring to you a guest post by our fellowship applicant, Adyasha Samal. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her first submission for the Fellowship. In this post, she explores issues relating to morality based prohibitions in trademark law in light of the Court of Justice of the European Union’s decision permitting the registration of the ‘Fack Ju Göhte’ mark earlier this year. We’ve had several posts on the issue of…

Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles

by SpicyIP July 9, 2020

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We’re pleased to bring to you a guest post by Abhishek Iyer. Abhishek is a 3rd year student at the Gujarat National Law University (GNLU), Gandhinagar. Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles Abhishek Iyer Circulation of e-newspapers and its validity under copyright law have been regularly put on debate, SpicyIP had recently discussed it here. On similar lines, popular news publisher Jagran Prakashan Limited (‘Plaintiff’), found their e-paper being freely circulated online, through messaging…

Trademark

Book Release: ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’

by SpicyIP July 7, 2020

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We’re pleased to bring to you a guest post by Eashan Ghosh on his recently released book ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on his Medium page. He has written several guest…

SpicyIP Weekly Review (June 29 – July 5)

by SpicyIP July 6, 2020

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[This post has been authored by Rishabh Joshi, a 4th year student at Gujarat National Law University (GNLU), Gandhinagar.] Topical Highlights Nationalism, Drugs and Public Interest – Remdesivir and Beyond Swaraj highlights how nationalism can hinder public health in light of the ‘drug hoarding’ (Remdesivir) by the United States. He first starts by talking about how Remdesivir is not the most effective treatment for the COVID-19 virus as the improvement rate is not so high. He briefly discusses the intermingling…

A Look at the WTO Panel Report in ‘Saudi Arabia- Measures Concerning the Protection of Intellectual Property Rights’

by SpicyIP July 4, 2020

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Football fans may be aware of the joint statement last year by various sports bodies including Fifa, LaLiga, Premier League, and others, against the Saudi Arabia based beoutQ broadcaster for their unauthorized streaming of content on a commercial scale, as well as their (i.e., the copyright holders) inability to obtain legal counsel in Saudi Arabia in this matter, among other issues. In the meanwhile, Qatar had taken this matter to the WTO, and on 16th June 2020, the WTO Panel…

Copyright and Webinars: Ownership, Licensing and Fair Use

by SpicyIP July 3, 2020

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We’re glad to bring to you a guest post by our Fellowship applicant, Shivam Kaushik, discussing issues relating to copyright ownership, licensing and use of the content and recordings of webinars under the Indian copyright law. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. His previous guest post on the blog can be viewed here. Copyright and Webinars: Ownership, Licensing and Fair Use Shivam Kaushik Covid-19 has brought all the conventional learning methods to a…

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TAMU School of Law Announces Its Academic Partnership with GNLU for LL.M. Pathway Program

by SpicyIP July 2, 2020

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We’re pleased to inform you that Texas A&M School of Law is partnering with GNLU for an LL.M. Pathway Program. For more details, please see the announcement below: Texas A&M School of Law is proud to announce its academic partnership with Gujarat National Law University (GNLU) for LL.M. Pathway Program For the first time in India, students from Gujarat National Law University (GNLU) will have the opportunity to enroll in the LL.M. Pathway program created by Texas A&M School of…

When Cricket Meets Copyright: Does Upload of Sports Clips on Social Media Amount to ‘Fair Dealing’?

by SpicyIP June 30, 2020

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We’re pleased to bring to you a guest post by our fellowship applicant Nikhil Purohit. In this post, he analyses whether sharing of sports clips on social media amounts to copyright infringement or fair use under India’s copyright law, in light of the recent controversy over a take down notice that was sent to cricket archivist Rob Moody for some of the clips uploaded by him on Twitter. Nikhil is a 4th year student at the National Law School of…

Singardaan Copyright Case: Bombay HC’s Novel ‘Extraction’ – Substantial Similarity Test

by SpicyIP June 25, 2020

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We’re pleased to bring to you another guest post by our Fellowship applicant Anupriya Dhonchak, analysing the Bombay High Court’s interim order in a recent copyright infringement suit filed by a story writer against a web series ‘Singardaan’. This post is a follow-on to Arun’s earlier post on this decision. Anupriya is a 4th year law student at National Law University, Delhi. Her earlier posts on the blog can be viewed here, here and here. Singardaan Copyright Case: Bombay HC’s Novel ‘Extraction’…

Praharsh Gour { Hey Anon, Thank you for the comment and bringing this decision to my knowledge. I can only agree with you on this point. In fact if you read... }
{ There is also enough SC case laws to say that the suit can be thrown out if you suppress material facts. Every arguing lawyers favourite case - SP... }
Mathews George { The UK Supreme Court primarily viewed it as a contract law dispute. And based its reasoning on internal and external contexts surrounding the ETSI Policy. Having said that,... }
Praharsh { Dear Anon, Please note this second post is about when the trial phase is not being dispensed with, whereas Prof Basheer's paper is advocating the doing away of... }
{ Disappointing that none of professor Basheer's scholarship was cited in this post - he has an entire paper on whether interim injunctions are required in patent cases. }