Book Launch Webinar: ‘The Protection of Intellectual Property Rights under International Investment Law’ [May 27]

by SpicyIP May 26, 2021

We’re pleased to inform you that a webinar on the launch of the book ‘The Protection of Intellectual Property Rights under International Investment Law’ authored by Dr. Simon Klopschinski (rospatt osten pross), Dr. Henning Grosse Ruse-Khan (University of Cambridge, King’s College) and Prof. Christopher Gibson (Suffolk University Law School) will be held tomorrow (May 27). For further details, please see the post below. We’ve added the book to the list of IP books on the blog (also accessible from the…

Patent

The Dilemma of Employer-Employee Patent Ownership in India

by SpicyIP May 22, 2021

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We’re pleased to bring to you a guest post by Kartikeya Prakash, discussing the lacuna in the Patents Act regarding the ownership of the patents invented by the employee in the course of employment in absence of an assignment agreement with the employer. Kartikeya is a 2nd year student at the West Bengal National University of Juridical Sciences (NUJS), Kolkata. The Dilemma of Employer-Employee Patent Ownership in India Kartikeya Prakash Majority tech companies rely on the inventions of their employees…

Patent

Proof of Right for Filing a Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case

by SpicyIP May 21, 2021

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We’re pleased to bring to you a guest post by Idhika Agarwal, analysing the decision issued by the Intellectual Property Appellate Board (IPAB) in DOW Agrosciences LLC v. Controller of Patents in October last year pertaining to proof of right for filing a patent application. Idhika is a 3rd year BBA LLB Hons. student at Symbiosis Law School, Pune. Proof of Right for Filing Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case Idhika Agarwal Patent Cooperation Treaty (1970) facilitates…

Privacy

Walking the Tightrope of the Right to be Forgotten: Analysing the Delhi HC’s Recent Order

by SpicyIP May 15, 2021

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We’re pleased to bring to you a guest post by Sriya Sridhar, analysing an interim order recently issued by the Delhi High Court discussing the right to be forgotten and directing Google to remove a judgement on the petitioner’s acquittal from their search results and Indian Kanoon to block the judgment from being accessed by search engines. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Walking the Tightrope…

Opportunities

Announcing the 2nd Shamnad Basheer Essay Competition on Intellectual Property Law

by SpicyIP May 14, 2021

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On the occasion of our founder Prof. (Dr.) Shamnad Basheer’s 45th birth anniversary today, we at SpicyIP are proud to announce the second edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. We’d started this competition last year to celebrate his memory and his legacy of outstanding scholarship. The response to the competition was overwhelming – we received a total of 89 entries from law students across India on an impressive range of topics. The competition was judged…

Patent

India’s First Anti-Anti-Suit Injunction (A2SI) Order: A Missed Opportunity (Part II)

by SpicyIP May 13, 2021

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We’re pleased to bring to you a two-part guest post by our former blogger Rajiv Choudhry, discussing the recent Delhi High Court order granting an anti-anti-suit injunction in favour of InterDigital. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also a founder member of the Fair…

Patent

India’s First Anti-Anti-Suit Injunction (A2SI) Order: A Missed Opportunity (Part I)

by SpicyIP May 13, 2021

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing the recent Delhi High Court order granting an anti-anti-suit injunction in favour of InterDigital in a SEP patent infringement dispute with Xiaomi. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also…

Trademark

Pay/‘Pe’ Charcha: Delhi High Court’s Decision in PhonePe v. BharatPe Trademark Dispute

by SpicyIP May 8, 2021

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We’re pleased to bring to you a guest post by Abhinav Hansaraman, analysing the interim order recently issued by the Delhi High Court in a trademark infringement and passing off dispute between online payment apps PhonePe and Bharatpe. Abhinav is a 5th year student at the National Law University, Delhi. Pay/‘Pe’ Charcha – Delhi High Court’s Decision in PhonePe v. BharatPe Trademark Dispute Abhinav Hansaraman On 15th April, a single judge bench of the Delhi High Court decided an interim…

Freedom of Panorama: Analysing the Term ‘Permanently Situate’ under the Copyright Act

by SpicyIP May 7, 2021

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We’re pleased to bring you a guest post by Priya Garg, Ghanavi Umesh and Rishika Agarwal, analysing the meaning of the term ‘permanently situate’ as used in sections 52(1)(t) and (u) of the Copyright Act which provide for freedom of panorama. Priya is an Assistant Lecturer at Jindal Global Law School, Sonipat. She holds a Bachelor of Civil Law (BCL) degree from the University of Oxford and B.A. LL.B, (Hons.) degree from NUJS, Kolkata. Ghanavi is a 2nd year student…

COVID-19 Patent Trade Secret

NLU Delhi’s Online Panel Discussion on ‘IP and the Pandemic’ [May 5]

by SpicyIP May 3, 2021

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We’re pleased to inform you that the DPIIT IPR Chair at NLU Delhi is organising an online panel discussion on ‘IP and the Pandemic’ on May 5, 2021. For details, please see the announcement below: NLU Delhi’s Online Panel Discussion on ‘IP and the Pandemic’ May 5, 2021 | 7:30 PM IST The pandemic has raised several crucial issues concerning the role of Intellectual Property (IP) in the context of innovation and access to Covid-19 vaccines and pharmaceuticals. India and the…

Ayushman Kheterpal { Similar issue cropped up in the USA, wherein the cops started turning on loud music of popular songs in order to ensure that any video being recorded by... }
{ The Hon'ble Supreme Court in the SLP against the Order of the Division Bench has observed that "It cannot be disputed that as such the impugned judgment and... }
Abhiraj { Another aspect which comes to my mind is that YouTube is a private entity and is in no manner bound to act as a judge or ensure a... }
Jagdish Sagar { I agree with Shobhit. How will the statutory licence fee under section 31D of the Copyright Act, that one High Court fixes, apply in the jurisdiction of other... }
IP Noob { This is an interesting comment - “abuse of the copyright system could have repercussions on Aaj Tak’s ability to file future takedown requests”. Could you explain the basis... }