Author name: SpicyIP

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When can/not a Patent Application be Divided? Part I: Boehringer Ingelheim vs. The Controller

We’re pleased to bring to you a 2 part guest post by Amit Tailor on the question of when a patent application can be divided, that came up in the recent case of Boehringer Ingelheim vs. The Controller. The first slightly shorter part focuses on reviewing the judgment on this question, while the second slightly longer part carries out an analysis of the same. Amit is a post graduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), […]

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The Extent of Claim Amendment Allowed in a Patent Application: Part 2

Continuing on from the previous blogpost, we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduced the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In this second part,

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The Extent of Claim Amendment Allowed in a Patent Application: Part 1

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduces the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In the second part, Amit argues that

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Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

With several requests for extensions coming in, we’ve decided to extend the deadline for the 3rd Shamnad Basheer Essay Competition (2022). The new deadline is 24th July, 2022 (11:59pm IST). As a reminder, this year’s edition is open to recent graduates as well as current law students. And thanks to an anonymous donor, the prize money has been increased as well. As always, the topic is open to anything within the larger IPR sphere – the more creative, the better.

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Old Is No Longer Gold: Do Copyright in Films/Songs Expire with the 60 Year Limit?

We are pleased to present this piece by Mr. Rajesh Kumar and Ms. Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house). Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating

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Reminder: Shamnad Basheer Essay Competition Deadline Coming up, Prize Money Doubled

As a reminder to our readers, the deadline for submissions to the 3rd Shamnad Basheer Essay Competition on Intellectual Property Law is just a couple of weeks away – July 14th, 2022 (23:59 IST). Edit: now extended to July 24th, 2022 (23:59 IST) We’re also very happy to announce that an anonymous supporter has generously agreed to double the prize money for the winners! The first, second and third prize winners will now be getting INR. 30,000, INR 20,000 and

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The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

We’re pleased to bring our readers Part 2 of the series by Surabhi Pande and Devvrat Joshi looking at the proposed draft amendments to the IT Rules, 2021. The first part looked at two specific proposed provisions and argued that they would impact the ability of intermediaries to avail safe harbour provisions. This second part continues the analysis of the draft amendments, looking at some of the remaining provisions and takes issue with the lack of clarity. Readers may be

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The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions. Surabhi Pande and Devvrat Joshi are both Senior Associates in the Dispute Resolution Team at Saikrishna

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Book Release: The Finished Article: Essays on Indian Designs Law

We’re pleased to bring to you a guest post by Eashan Ghosh on his second book, recently released titled “The Finished Article: Essays on Indian Designs 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 on his Medium page. He has written several guest posts for us in the past as well,

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Some Reflections on “Present at Creation”

We’re pleased to bring you a post by Prashant reflecting on a book that we’d mentioned recently on the blog – Dr. R.V. Vaidyanathan Ayyar’s “Present at Creation”. As had been mentioned in that earlier blog post, Dr. Ayyar’s 421 paged “Present at Creation: The Making of Internet Treaties 1996” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty

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