We’re pleased to bring to you a guest post by Anupriya Dhonchak exploring policy questions regarding protection of smell marks. Anupriya is a 4th year law student at National Law University, Delhi. Policy Questions Regarding Protection of Scent Marks Anupriya Dhonchak One of the cutting edge topics in trademark law today is the issue of non-conventional trademarks. As per the Indian Trade Marks Act a ‘mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of…

Others

SpicyIP Jobs: Research Fellow/Associate Position & Ph.D. Program at ARCIALA, SMU School of Law, Singapore [Apply by April 2]

by SpicyIP March 5, 2020

Leave a Comment

We’re happy to inform our readers that the School of Law at the Singapore Management University (SMU) has an opening for Research Associate/Research Fellow position for its Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA). The Centre is also inviting applications for its fourth program of sponsoring PhD candidates at their final year of thesis writing to come to SMU for six months. The deadline for applications for both the positions is April 2, 2020. For details,…

Others

Justice Rajagopala Ayyangar Summer Fellowship 2020 by IUCIPRS, CUSAT [Apply by March 16]

by SpicyIP March 3, 2020

Leave a Comment

We’re pleased to inform you that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is offering two Summer Fellowships under ‘IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship’ program during April to June 2020. The deadline for applications is March 16, 2020. The norms for the award of the fellowships can be accessed here and application form here. For further details, please read the announcement below: Announcement of IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship 2020 Instituted by INTER UNIVERSITY CENTRE FOR…

Competition Law

Draft Competition (Amendment) Bill Proposes Extension of Protection to IPR Holders in Abuse of Dominance Cases

by SpicyIP March 3, 2020

1 Comment

We’re pleased to bring to you an insightful guest post by Dr. Vikas Kathuria on the new section 4A proposed by the Draft Competition (Amendment) Bill, 2020, which would extend the IP related exception to abuse of dominance cases also. Dr. Kathuria is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition, Munich and was formerly a faculty member at School of Law, Benett University. He has many publications to his credit and he is a…

Others

SpicyIP Fortnightly Review (February 18 – March 1)

by SpicyIP March 2, 2020

Leave a Comment

(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Namratha, our new Student Fellow, discussed the notice issued by the Delhi HC on a petition challenging the Drug (Prices Control) Order, 2013 (‘DPCO’) and its amendment in 2019. She traces the origin of the DPCO to the Essential Commodities Act, 1955, and discusses grounds of the petition filed by the All India Drug Action Network (‘AIDAN’). First, she points out to the…

Patent

Synthesising Arbitrability of Standard Essential Patents Disputes in India

by SpicyIP February 21, 2020

Leave a Comment

We’re pleased to bring to you a guest post by Sushant Shekhar Singh on arbitrability of disputes related to standard essential patents in India. Sushant is a 4th year student at NUJS, Kolkata. Synthesising Arbitrability of Standard Essential Patents Disputes in India Sushant Shekhar Today, one of the crucial catalysts of technological growth is the interoperability and convergence of technology. Such digital transformation can be observed in patents corresponding to a technical specification determined by the Standard Setting Organisation (SSOs)….

Trademark

Amazon v. Amway: A Growing Appellate Scrutiny Problem

by SpicyIP February 11, 2020

4 Comments

We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court Division Bench’s decision that set aside the Single Judge’s order restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has 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…

Innovation Patent

Reflecting Upon the Quality of Innovation and Its Future Roadmap in India

by SpicyIP February 6, 2020

Leave a Comment

We’re pleased to bring to you an interesting and insightful post by Mohd Shadab Danish on the long-debated relationship between patents, innovation and economic growth. Shadab is a PhD scholar (Economics) at IIT Indore. The post is particularly timely and relevant in the backdrop of PM Modi’s recent speech wherein he urged the young scientists of the country to “Innovate, Patent, Produce and Prosper”, (seemingly) on the assumption that any and all innovation and patenting by them will make our…

Others

SpicyIP Fortnightly Review (January 21 – February 2)

by SpicyIP February 5, 2020

Leave a Comment

[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Last week, we received an anonymous post on the recent judgment of the Delhi HC in Astrazeneca v. Emcure and Astrazeneca v. MSN. Through this order, the Court held that a species patent can be granted and is enforceable even when an already existing product is covered by a genus patent. The author is of the opinion that this decision suffers from certain…

Patent

It is “Covered”, Yes, but is it “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India

by SpicyIP January 29, 2020

6 Comments

We’re pleased to bring to you a guest post on the recent judgment of the Delhi High Court in Astrazeneca v. Emcure and Astrazeneca v. MSN Labs. The author of this post wishes to remain anonymous. It is “Covered”, Yes, but is It “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India In a judgment with far-reaching consequences for enforcement of species patents in India, the Delhi High Court in Astrazeneca v. Emcure and…

Shivam Kaushik said Yes Mouri, it seems you got both the things right, the link, and what I meant. In the link see 1) Patent...

'The Frequently Overlooked Corollaries of Academic Patenting'
Mouri Ghosh said This might be an active link to the Stanford university policy: https://doresearch.stanford.edu/policies/research-policy-handbook/intellectual-property/inventions-patents-and-licensing

'The Frequently Overlooked Corollaries of Academic Patenting'
Mouri Ghosh said Dear Shivam, Thanks for the input. What you mostly wrote is exactly what is already part of the patent system vis-a-vis rights/...

'The Frequently Overlooked Corollaries of Academic Patenting'
Shivam Kaushik said Dear Mouri, Stanford model here symbolizes, I believe, the approach where the decision to patent the invention or not, made at an...

'The Frequently Overlooked Corollaries of Academic Patenting'
Mouri Ghosh said Re: academia and patents Thanks for the contribution. Can you elaborate your suggestion based on the Stanford model you referred to? Patent...

'The Frequently Overlooked Corollaries of Academic Patenting'