SpicyIP

Much Ado about ‘Use’: UK Decision Rekindles Debate under Indian Trade Mark Law

September 12, 2020 / By SpicyIP / Trademark

We’re pleased to bring to you a guest post by Yash More and Hitoishi Sarkar, discussing the Indian courts’ interpretation of what constitutes ‘use’ while adjudicating upon disputes concerning prior use of trademarks in light of the recent UK decision in MERCK KGaA v. MERCK Sharp. Yash and Hitoishi are 2nd year students at Gujarat National Law University, Gandhinagar. Introduction In May this year, the UK High Court of Justice in MERCK KGaA v. MERCK Sharp, while ruling on an […]

Much Ado about ‘Use’: UK Decision Rekindles Debate under Indian Trade Mark Law Read More »

When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films?

September 11, 2020 / By SpicyIP / Copyright, COVID-19

We’re pleased to bring to you a guest post by Tanvi Sehgal, discussing the impact of the Covid-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings and proposing an amendment to the cinema hall exception to the provision on mandatory royalty sharing under the Copyright Act in light of this shift. Tanvi is a guest faculty at the Faculty of Law, Delhi University, where she recently submitted her PhD thesis titled ‘Revisiting

When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? Read More »

Online Roundtable on ‘The Global Implications Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ [September 11]

September 10, 2020 / By SpicyIP / Opportunities, Patent

We’re pleased to inform you that DPIIT IPR Chair, NLU Delhi is organising an online roundtable on ‘The Global Implications of Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ at 3 p.m. tomorrow (September 11, 2020). For further details, please read the announcement below: Online Roundtable on ‘The Global Implications of Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ September 11, 2020 Organiser: DPIIT IPR Chair, NLU Delhi Online Roundtable: The Global Implications of Unwired Planet v. Huawei:

Online Roundtable on ‘The Global Implications Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ [September 11] Read More »

NUALS’ 6th CIPR National Essay Writing Competition [Deadline Extended to Oct 18]

September 8, 2020 / By SpicyIP / Innovation, Opportunities

We’re pleased to inform you that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi is organizing the an essay competition for law students on the theme ‘Innovate for a Green Future: Role of IP Rights in Encouraging Innovation and Creativity’. The deadline for submission of essays is October 4, 2020 (Edit: The deadline has been extended to Oct 18, 2020). For further details, please read the announcement below. 6th CIPR National Essay Writing Competition The

NUALS’ 6th CIPR National Essay Writing Competition [Deadline Extended to Oct 18] Read More »

Should Illegal Works Receive Copyright Protection?

September 4, 2020 / By SpicyIP / Copyright

We’re pleased to bring to you a guest post by Aniruddha Majumdar, analysing whether illegal works should receive copyright protection in India – a question raised by Justice Gautam Patel in his wonderfully thought provoking post on the blog a few years ago, and also engaged with in an insightful response post by Prof. Joshua D. Sarnoff. Aniruddha is an Associate at Talwar, Thakore & Associates in Mumbai. He graduated from NLS, Bangalore in 2019 and was Chief Editor of

Should Illegal Works Receive Copyright Protection? Read More »

Fluid Trademarks: A Prologue to Trademark Law Going Awry?

September 3, 2020 / By SpicyIP / COVID-19, Trademark

We’re pleased to bring to you a guest post by Anshuman Sahoo, arguing that legal recognition of fluid trademarks (which are popularly being used in the context of the ongoing Covid-19 pandemic) is a step in the wrong direction considering the economic rationale behind trademark law. Anshuman is a second-year LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. This post is a follow on to a guest post published on the blog last month, which discussed the application

Fluid Trademarks: A Prologue to Trademark Law Going Awry? Read More »

CII & TAMU Executive Education Program on Health, Pharmaceuticals and IPR [Over 4 Weekends in Sept]

September 2, 2020 / By SpicyIP / Opportunities, Patent, Sponsored

We’re pleased to announce that the Confederation of Indian Industry (CII) in partnership with Texas A&M University School of Law (TAMU), will be conducting an online certificate course on health, pharma and IP spread over four weekends in September 2020, starting 5th-6th September. The course is priced at INR 15,000 + GST. We’re happy to note that SpicyIP readers are eligible for a discounted price of INR 10,000 + GST. Readers can contact Mr. Jyoti Kumar (details mentioned below) and

CII & TAMU Executive Education Program on Health, Pharmaceuticals and IPR [Over 4 Weekends in Sept] Read More »

NLUJ’s Centre for IP Studies Essay Competition [Submit by September 27]

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is organising an essay writing competition for law students from Indian universities on the theme ‘Copyright Societies and Performers’ Rights Societies in India’. The deadline for registration is September 20, 2020 and that for submission of essays is September 27, 2020. For further details, please read the announcement below: NLUJ’s Centre for IP Studies Essay Competition Call for Essays | Submit by September 27, 2020

NLUJ’s Centre for IP Studies Essay Competition [Submit by September 27] Read More »

Online Symposium on WIPO-WTO-WHO Trilateral Study on Promoting Access to Medical Technologies and Innovation [September 2]

August 28, 2020 / By SpicyIP / Innovation, Opportunities, Patent

We’re pleased to inform you that DPIIT IPR Chair, NLU Delhi and Rajiv Gandhi National Institute of Intellectual Property Management are jointly organising an online symposium on WIPO-WTO-WHO trilateral study on promoting access to medical technologies and innovation on September 2, 2020. For further details, please read the announcement below: Online Symposium on WIPO-WTO-WHO Trilateral Study on Promoting Access to Medical Technologies and Innovation 2nd September, 2020 The symposium aims to discuss the recent trilateral report from an integrated health,

Online Symposium on WIPO-WTO-WHO Trilateral Study on Promoting Access to Medical Technologies and Innovation [September 2] Read More »

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol 4, Issue 1 [Submit by Sep 15]

August 25, 2020 / By SpicyIP / Opportunities, Publication

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication in the Winter 2020 Issue (Volume IV, Issue 1) of the Journal. The last date for submissions is September 15, 2020. For further details, please read the journal’s call for papers below: Call for Papers : Journal of Intellectual Property Studies (Volume IV, Issue 1) The Board of Editors of the Journal of Intellectual Property Studies (JIPS), published under the

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol 4, Issue 1 [Submit by Sep 15] Read More »

maneeshagupta01 on When Patent Appeals Survive but Patents Don’t: Taking a Look at the DHC Sulzer Decision
GHC in M/S Raj Abhushan Bhandar vs The Assistant Registrar Of Trade Marks on 23 July, 2026 based their reasoning…
Maneesha Gupta on When Patent Appeals Survive but Patents Don’t: Taking a Look at the DHC Sulzer Decision
Yes! GHC based their reasoning on "trappings of courts" doctrine which was not discussed enough in this case, just applied…
Prithvi Raj Kunapareddi on Part I: To CL Or Not To CL: That Ought Not Be The Question
An insightful piece, you aptly put that if Covid-19 did not trigger a use of S92 and 100, one individual…
Anonymous on When Patent Appeals Survive but Patents Don’t: Taking a Look at the DHC Sulzer Decision
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 619 of 2026 The division bench in Gujarat…
Anonymous on When Patent Appeals Survive but Patents Don’t: Taking a Look at the DHC Sulzer Decision
https://indiankanoon.org/doc/63994794/ Vishal Prafulsingh Solanke vs Controller of Patent And Designs on 9 March, 2026 Bombay High Court Division bench didn't…

Author name: SpicyIP