Author name: SpicyIP

SpicyIP Fellowship: Govt’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions – A Critique

/ By / Others, Patent

We are pleased to bring you a post by our Fellowship applicant, Shivam Kaushik, critiquing the Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions that was released by the Government in September last year. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. This is his first submission for the Fellowship. CIPAM’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions: A Critique Shivam Kaushik In September 2019, the Department for Promotion […]

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Trademarking of Blockchain Technology and Virtual Currencies: An Unsolvable Conundrum?

/ By / Trademark

We’re glad to bring you another post by our intern, Bhavik Shukla, discussing the various aspects of trademark registration for virtual currencies. Bhavik is a 5th year student at NLIU, Bhopal. His earlier posts on the blog can be viewed here, here, here, here, here and here. Trademarking of Blockchain Technology and Virtual Currencies: An Unsolvable Conundrum? Bhavik Shukla I read Arun’s post on trademarking of virtual currencies with much interest. He lucidly explained the concepts relating to the ‘befuddling’

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Announcing the 1st Shamnad Basheer Essay Competition on Intellectual Property Law

/ By / Opportunities

On the occasion of our Founder Prof. (Dr.) Shamnad Basheer’s 44th birth anniversary today, we at SpicyIP are proud to announce the first edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. Shamnad’s family has kindly consented to us conducting this competition in his name. A master with the pen, Shamnad was a prolific writer. Apart from publishing extensively in academic journals (most of the publications can be accessed on his SSRN page), he was also the rare Indian

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Reverse Engineering and Aarogya Setu App: Contracting Out of Fair Dealing?

/ By / Copyright, COVID-19

We’re excited to bring to you a guest post by one of our former bloggers, Aparajita Lath. Aparajita is a lawyer based in Bangalore. In this post, she examines the legal enforceability of the prohibition on reverse engineering imposed by the terms of service of the Govt’s COVID-19 tracking mobile app Aarogya Setu, in light of the fair use rights of users under Section 52 of the Copyright Act, 1957. Her previous posts on the blog can be viewed here.

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SpicyIP Fellowship: Debate on Parallel Import of Books – Still Relevant in the Post-Amazon Age?

/ By / Copyright

We’re delighted to bring to you another guest post by our Fellowship applicant Anupriya Dhonchak, discussing the relevance of the debate on the legality of parallel importation of books in India in the age of Kindle and e-books. Anupriya is a 4th year law student at National Law University, Delhi. Her earlier posts on the blog can be viewed here and here. Debate on Parallel Import of Books: Still Relevant in the Post-Amazon Age? Anupriya Dhonchak There was a raging

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SpicyIP Weekly Review (May 4 – 10)

/ By / Others

(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) In a guest post, Nikhil Purohit wrote about the decision of BMW AG v. Om Balajee Automobile (India), wherein the Delhi HC granted an interim injunction restraining the defendant from using the mark ‘DMW’. Beginning with the Court’s analysis on deceptive similarity, Nikhil notes that the Court failed to acknowledge the obvious differences in the parties’ logos. He further observes that the Court

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BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment?

/ By / Trademark

We’re pleased to bring to you a guest post by Nikhil Purohit, analysing the Delhi High Court’s recent grant of an interim injunction restraining an e-rickshaw manufacturer from using the mark ‘DMW’, in a trademark infringement action by the luxury car manufacturer BMW. Nikhil is a 4th year student at the National Law School of India University, Bangalore. BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment? Nikhil Purohit On March 23rd, the Delhi High

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SpicyIP Weekly Review (April 27 – May 3)

/ By / Others

(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Divij covered the legal aspects surrounding digital access to libraries with reference to the COVID-19 lockdown. He notes that the legality of digital book-lending efforts have posed unresolved challenges to the copyright law in India. He notes that Indian copyright law incorporates the first sale doctrine, but the same has not been extended to the digital medium due to the ease

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US Supreme Court’s Decision on Copyrightability of Annotations to Official Code of Georgia: Can It Inspire the Access to Law Movement in India?

/ By / Copyright

We are delighted to bring to our readers an insightful post by Dr. Arul George Scaria on the US Supreme Court’s recent decision in Georgia et al., v. Public.Resource.Org holding that annotations to the official code of Georgia are not copyrightable. In this post, he makes a case for the adoption of the government edicts doctrine by Indian courts to foster greater ‘access to law’ in India. Dr. Scaria is an Associate Professor of Law and Co-Director of the Centre

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Is Sub-Licensing of Trademarks Permitted under Indian Law? : An Alternate Interpretation

/ By / Trademark

We’re pleased to bring to you a guest post by Kapil Wadhwa on the issue of permissibility of sub-licensing of trademarks in India. Last week, Latha had discussed this issue on the blog, arguing that sub-licensing is not permitted under Trade Marks Act. In this post, Kapil provides a different interpretation of the statutory provisions and argues that the Indian law does permit sub-licensing of trademarks. Kapil is an intellectual property law practitioner based out of New Delhi and a

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