Author name: SpicyIP

IPAB’s Ferid Allani Order and the Changed Indian Patent Landscape for Software Patents

/ By / Patent

We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, analysing the recent IPAB order that set aside the Patent Office’s order rejecting a patent application for a computer related invention (titled ‘method and device for accessing information sources and services of the web’) after re-examining it pursuant to the direction issued by the Delhi High Court last year.   Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus […]

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Shenzen Tencent v. Shanghai Yinxun: AI Authors, Copyright and Some (Hard) Lessons for India

/ By / Copyright

We’re pleased to bring to you a guest post by Bhavik Shukla and Hatim Hussain, discussing authorship in AI-related works under the Indian copyright law, with specific reference to the judgment in Shenzen Tencent v. Shanghai Yinxun Shenzen passed by a Chinese court in December last year. Bhavik is a recent graduate from NLIU, Bhopal and is currently working with the IP team at Khaitan & Co. Bhavik’s previous posts on the blog can be viewed here, here, here, here, here and here. Hatim is a

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Fluid Trademarks: An Alter Ego for Brands?

/ By / COVID-19, Trademark

We’re pleased to bring to you a guest post by Devangini Rai discussing the application of Indian trademark law to fluid trademarks, which are popularly being used in the context of the ongoing Covid-19 pandemic. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Her previous guest post on the blog can be viewed here. Fluid Trademarks: An Alter Ego for Brands? Devangini Rai As has typically been

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Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA) Vol. 1 Issue 1 [Submit by Oct 25]

/ By / Opportunities, Publication

We’re happy to inform you that CNLU’s Centre for Innovation Research and Facilitation (CIRF) in Intellectual Property for Humanity and Development (IPHD) is inviting papers for publication in Volume 1 Issue 1 of its e-journal Journal of Academic Innovation & Research in Intellectual Property Assets (JAIRIPA). The deadline for submission is October 25, 2020.  For further details, please see the announcement below:     Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA)

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Does Copyright Law Protect Presentation of Gastronomic Creations?

/ By / Copyright

We’re pleased to bring to you a guest post by Aatmik Jain, examining how Indian copyright law can protect presentations of gastronomic creations. Aatmik is a 3rd year student at the West Bengal National University of Juridical Sciences (NUJS), Kolkata. Does Copyright Law Protect Presentation of Gastronomic Creations? Aatmik Jain Introduction As the saying goes in the culinary world, food is first savoured with the eyes, then with the nose, and only lastly, with the mouth. Today, chefs are putting

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Delhi HC Becomes the Go to Venue for Adjudicating SEP Disputes in India

/ By / Patent

We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry. 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 Standards Alliance, a not-for-profit body that advocates fairness in patent licensing. The views expressed in the

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Announcing the Winners of the 1st Shamnad Basheer Essay Competition on IP Law!

/ By / Copyright, Others

On May 14, 2020, on the occasion of Shamnad‘s 44th birth anniversary we had announced the first edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. We opened the topic selection out to participants – asking them to choose any topic they wanted so long as it related to IP. And encouraged participants to draw inspiration from Shamnad’s scholarship. Despite being announced in the middle of a pandemic, the response to the essay competition has been overwhelming –

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Trade Secrets Protection and Incentives to Innovate: Scrutinizing Section 91 of The Personal Data Protection Bill, 2019

/ By / Copyright, Innovation, Trade Secret

We are pleased to bring you a guest post by Sahaja Burde, on the ongoing regulatory efforts surrounding ‘non-personal data’. Sahaja is a 3rd year student at ILS College, Pune. In this post, Sahaja examines the provisions of the Personal Data Protection Bill, 2019 dealing with non-personal data and their interplay with copyright and trade secret law in India.   Trade Secrets Protection and Incentives to Innovate: Scrutinizing Section 91 of The Personal Data Protection Bill, 2019 Sahaja Burde Introduction

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Make in India logo

What Kind of Trademark is ‘Make in India’? A Brief Academic Inquiry

/ By / Trademark

We’re pleased to bring you a thought provoking post from Dr. Sunanda Bharti, on the ‘Make in India’ trademark. In this post, Sunanda examines the now famous ‘Make in India’ mark and raises the question of whether it actually acts more like a certification trademark. Sunanda is an Assistant Professor in Law at Delhi University and has written several guest posts for us, which can be viewed here. What Kind of Trademark is ‘Make in India’? A Brief Academic Inquiry

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Shirin Syed profile pic

Should India Invoke Section 157A of Patents Act in the Context of Covid-19?

/ By / COVID-19, Patent

 We’re pleased to bring to you a guest post by Shirin Syed, looking at the potential application of Article 73(b) of WTO TRIPS / Section 157A of the Indian Patents Act in the context of Covid-19. Shirin is an IP researcher and scholarship awardee from Texas A&M University, School of Law, USA for the fall of 2020. Should India Invoke Section 157A of Patents Act in the Context of Covid-19? Shirin Syed In response to the COVID-19 pandemic as a

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