We are pleased to inform you that Remfry & Sagar, one of India’s leading IP law firms, is looking to recruit two candidates for patent drafting for its Bengaluru and Gurgaon offices. For further details, please read the job description below: Patent Drafting Positions at Remfry & Sagar, Bengaluru & Gurgaon Remfry & Sagar, India’s premier intellectual property law firm, with over 275 personnel, is expanding its operations and looking to recruit 2 candidates for patent drafting. Strong technical knowledge, with…

The Inverse Ratio Rule: On Its Stairway to Heaven?

by SpicyIP January 7, 2021

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We’re pleased to bring to you a guest post by Prerna Sengupta and Riddhi Bang, critiquing the inverse ratio rule of copyright infringement and its application by Indian courts, in light of the US Supreme Court’s ruling in the ‘Stairway to Heaven’ copyright dispute last year. Prerna and Riddhi are 2nd year students at the NALSAR University of Law, Hyderabad. Our previous posts relating to the ‘Stairway to Heaven’ case can be viewed here, here and here. The…

The Sci-Hub Case: Why It is Time to Stop Favouring the Doctrinal Approach to Law over an Empirical One

by SpicyIP January 4, 2021

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The Sci-Hub/Libgen case continues to generate interest from researchers across the country. We’re pleased to bring you another guest post on this issue, this time one that showcases the results of a ‘mini survey’ on users of Sci-Hub, as well as highlights the lack of empirical evidence in these debates. This post is co-authored by Anshuman Sahoo and Aditi Shirpurkar. Anshuman is a 2nd year LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. He regularly writes…

‘Jhund’ Injunction Order: Copyright and Personality Rights in Real Life Stories

by SpicyIP December 31, 2020

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We’re pleased to bring to you a guest post by Shivam Kaushik, analysing the Telangana High Court’s order granting an interim injunction restraining the release of the film ‘Jhund’ in October this year. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He’s previously also written guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions – A Critique‘, ‘Reengineering of the Requirement…

Copyright and the Sci-Hub/Libgen Case: A Constitutional Query

by SpicyIP December 30, 2020

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By now, most readers are likely to be aware of the case against the shadow libraries Sci-Hub and LibGen, by three publishing houses. We had a post questioning why ‘poorer’ countries were still allowing copyright law to act as a hindrance to development here, and a three-part post looking into the case against Sci-Hub and LibGen, the fair dealing exception and the education use exception here, here and here. We’re pleased to now bring you an incisive post by Saral…

The Legality of the Appointment of the 5 Technical Members to the IPAB

by SpicyIP December 28, 2020

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Prashant Reddy, one of our most prolific bloggers, is back with a guest post, questioning the legality of the appointment of the 5 Technical Members made to the IPAB earlier this year. The Legality of the Appointment of the 5 Technical Members to the IPAB Prashant Reddy Continuing from Praharsh’s earlier post on the Supreme Court’s judgment on the legality of the Tribunal Rules, 2020, I would like to briefly comment on the legality of the appointments of the 5…

Event Opportunities Sponsored

LexisNexis Webinar on ‘Understand the Innovation Landscape of Global Video Conference Technology’ [December 23, 2020]

by SpicyIP December 18, 2020

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We’re pleased to inform you that LexisNexis is organizing a webinar on ‘Understand the Innovation Landscape of Global Video Conference Technology’ on December 23, 2020. For further details, please read the announcement below: LexisNexis Webinar: Understand the Innovation Landscape of Global Video Conference Technology [December 23] About LexisNexis IP We, LexisNexis Intellectual Property, are a leading global provider of the entire patent workflow solutions designed specifically for professionals in the intellectual property market, government agencies, and the life sciences industry….

Patent

The Fate of a Pre-Grant Opposition Filed after Refusal of Patent Application and During the Pendency of an Appeal at IPAB

by SpicyIP December 18, 2020

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We’re pleased to bring to you a guest post by Amit Tailor, analysing an interesting question about maintainability of a pre-grant opposition filed after the Controller’s rejection of a patent application; and if the decision to refuse is appealed before the IPAB, during the pendency of the appeal. Amit is working as Manager (Sr. Scientist) at Cadila Healthcare Ltd., handling patent drafting, filing & prosecution, FTO, patentability & invalidity mainly. He has an LL.B. from the Faculty of Law, Maharaja…

Opportunities Publication

Call for Papers: NUALS’ Book on ‘Pandemics: Health, Human Rights and Intellectual Property Rights’ [Submit Abstracts by December 20, 2020]

by SpicyIP December 16, 2020

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We’re pleased to inform you that NUALS, Kochi is inviting papers for a book on the theme ‘Pandemics: Health, Human Rights and Intellectual Property Perspectives’. For details, please see the announcement below: Call for Papers: Book on Pandemics: Health, Human Rights and Intellectual Property Rights About the Book The Centre for Intellectual Property Rights (CIPR), the Centre for Health Law and Policy (CHLP), and the Centre for Human Rights (CHR) under the aegis of the National University of Advanced Legal Studies, Kochi had previously collaborated in conducting four…

COVID-19 Event Opportunities

NFSI Panel Discussion on ‘TRIPS Waiver Proposal – State of Play and the Way Forward’ [December 18, 2020]

by SpicyIP December 16, 2020

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We’re pleased to inform you that an online panel discussion on ‘TRIPS Waiver Proposal – State of Play and the Way forward’ is being organised on 18th December at 7:30 PM IST. For registration and other details, please see the announcement below. The discussion on the waiver proposal in an earlier two part post on the blog can be viewed here and here. NFSI Panel Discussion on TRIPS Waiver Proposal – State of Play and the Way Forward’ December 18…

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... }