Author name: SpicyIP

IP Financing in India – Part II: The Supreme Court and (mis)interpretation of Banking Regulation Act, 1949

Part I of this two-part guest post by Bharat Harne explored the implications of a complicated security perfection regime and non-mandatory registration of copyright on IP financing. Part II focuses on the   Canara Bank v N.G. Subbaraya Setty & Anr, a Supreme Court decision from 2018, that made some important observations on the use of trademarks as collateral. Bharat is a fourth-year student at the National Law School of India University, Bengaluru. IP Financing in India – Part II: The […]

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IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright

According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets. It further discusses, indicatively, the times when renowned companies have used IP as central collateral during times of distress. For instance, in 2012 Kodak used its facial recognition

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SpicyIP Weekly Review (March 13- March 18)

Here are the quick summaries of 4 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the week IPD for Madras High Court! The Court Directs the State Government to Notify the Rules Within 1 Week IPD for Madras High Court! In a huge development, the Madras High Court has directed

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Trademarks, “Nature” of the Business and Interim Injunctions: Some Thoughts on the Delhi High Court’s Two (Opposing?) Orders

(This post is authored by  SpicyIP Intern Niyati Prabhu, a second-year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. See her previous posts here and here.) Recently Delhi High Court passed contrasting orders in Birla Institute Of Technology and Science, Pilani vs Maa Bhagwati Educational Society and Anr. (“BITS Case”) and the American International School, Chennai vs American International School, Greater Noida and Ors. (“American International School Case”).  On the face of it, the facts of both the cases seem similar,

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Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28]

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between  April 24-28, 2023. The last date to apply for the workshop is March 25, 2023. For further details, please read the call for applications below: Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28] Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World

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SpicyIP Weekly Review (March 6- March 11)

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with

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Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy

In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. As our regular readers would know, Prashant has been one of our most prolific bloggers and his

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ChatGPT and the Underlying Copyright Malady

ChatGPT, a chatbot, and its outputs have been in the limelight for quite some time, with discussions surrounding the chatbot’s overall impact on the future. Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous

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Winzo v Google- Missed Opportunity to Detail out Disparagement

[This post has been authored by SpicyIP Intern Tanvi Agarwal. Her previous post can be accessed here. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] With the growth of competitive businesses around the world, industries are indulging in practices to promote their own goods to make it more attractive for consumers. In this process, they sometime tend

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Microsoft v. Asst. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Sukarm is an undergraduate law student at NLSIU, Bangalore. Microsoft v. Asst. Controller of

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