Author name: SpicyIP

Special 301 Report 2023: Reflections from Public Health Perspective

/ By / Drug Regulation, Others, Patent

The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions. India, which has featured in this list multiple times in the past, (as highlighted on the blog by different […]

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Understanding the International Guide to Patent Case Management for Judges by WIPO

/ By / Patent

[This post is authored by SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from National Law School of India University, Bengaluru.] A report titled, “An International Guide to Patent Case Management for Judges”, has been released by the World Intellectual Property Organisation (WIPO) to bring into the limelight the considerable progress achieved in patent case management in ten jurisdictions. The broad parameters in the report include structural reform of courts, statutory revisions, implementation of innovative

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SpicyIP Weekly Review (May 8- May 13)

/ By / Copyright, Geographical Indication, Opportunities, Others, Patent, Trademark

[This Weekly Review has been co-authored with Shikhar Chauhan. Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 5 posts, 16 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts? Please let us know so we can include them! Highlights of the Week Announcing the

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Inviting Applications for the SpicyIP Doctoral Fellowship!

/ By / Opportunities

Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship. Please see all details as below:  Eligibility: 1. Candidate must be a current doctoral candidate at a university located in India, or a candidate who has received an admission offer for a doctoral programme that is to start prior to Dec 31st, 2023, at a university located

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Agreement on Royalty Sharing Signed between ISRA and Music Labels!

/ By / Copyright

[This post has been authored by SpicyIP Intern Surmayi Khatana. Surmayi is a second year student pursuing LL.B from Government Law College, Mumbai.] On April 25, 2023, it was reported that the Indian Music Industry (IMI) and the Indian Singers Rights Association (ISRA)  have entered into an agreement whereby the member singers of the ISRA, have been promised royalties for their works. Apparently, negotiations for the agreement have been on for a while and the agreement was signed in October

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SpicyIP Weekly Review (May 1 – May 6)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Srujan Sangai. Srujan is a Second Year student at the National Law School Of India University, Bengaluru and has a keen interest in IPR and Technology Law. His previous posts can be accessed here and here.] After a busy week at the blog, here are the quick summaries of the 9 posts, 11 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on?

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All’s Fine with Pine Labs as Karnataka HC Vacates the Problematic Interim Injunction Order on the Point of Sale Machine

/ By / Patent

[This post is co-authored by SpicyIP interns Rohan Srivastava and Srujan Sangai. Rohan and Srujan are Second Year students at the National Law School Of India University and have a keen interest in IPR and Technology Law. Rohan’s previous post can be accessed here and Srujan’s previous post can be accessed here.] In March 2023, the Karnataka High Court in Innoviti Payment Solutions v Pine Labs, vacated an interim injunction order passed by the trial court in favor of Innoviti Payment

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Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi, June 3-7]

/ By / Courses & Workshops, Event

We are pleased to announce that Third World Network (TWN) and Inter-University Centre for IPR Studies, Cochin University of Science and Technology, Kochi are jointly organizing a five-day course/workshop on ‘Access To Medicines, TRIPS and Patents in the Developing World’ from June 3-7, 2023 at Kochi, Kerala. The last date to apply for the workshop is May 5, 2023. For further details, please read the call for applications below: Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi,

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s] As previously discussed in Part I, Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s.] It is not uncommon for artists to reach new heights of appeal after their deaths. Hip-hop icon, Tupac Shakur, the second best-selling hip-hop artist in history, sold the bulk of his albums after his death. The estate of the celebrated late rapper Mac

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