Author name: Sreyoshi Guha

Sreyoshi is a law student at Symbiosis Law School, Pune. Her favourite thing about Intellectual Property Law is Copyrights. She can usually be found doing one of three things: dog-earing her favourite pages of her books, looking up a Zomato menu, or day-dreaming of the day she'll finally meet John Mayer. She doesn't have any notable achievements, except probably that one time when she encountered a crazy pigeon, and lived to tell the tale. Send her your thoughts at: [email protected].

‘Unacademically Speaking’: Madras HC Upholds Copyright Claim in 2IIM CAT Questions

/ By / Copyright

On August 13, the Madras High Court ruled in favour of coaching institute, ‘Fermat Education’ holding that there had been infringement of copyright in the 2IIM CAT questions authored by them. The case presents an interesting factual matrix, and before moving on to the more compelling legal issues, it would be helpful to go over the same. The Facts Fermat Education (the plaintiff) has been engaged in providing coaching to students for competitive exams, since 2014. Of particular interest to …

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SpicyIP Fortnightly Review (May 20-June 2)

/ By / Others

Thematic Highlight This fortnight’s thematic highlights were brought by Adarsh Ramanujan and our fellowship applicant, Kashish Makkar, respectively: Adarsh Ramanujan wrote an interesting guest post, throwing some much needed light on the element of “public interest” during the grant of injunctions in patent proceedings. He deconstructs the “public interest element” – taking us through the way various aspects of it are understood by both Indian and foreign courts. He concludes by suggesting ways in which parties should approach the “public …

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SpicyIP Fortnightly Review (May 6-19)

/ By / Others

We’ve had quite an eventful fortnight at the blog: Thematic Highlight This fortnight’s thematic highlight was a guest post by our fellowship applicant, Prarthana Patnaik. Taking apart a recent US District Court judgment that held the “embedding” of tweets as copyright infringement, Prarthana discusses the implications of the decision. In doing so, she critically analyses the Court’s understanding and application of the “Server Test” – which is the landmark judicial test employed in deciding issues of copyright infringement of electronic …

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‘Monkey-Selfie’ Lawsuit Comes to an End

/ By / Copyright

The much talked about ‘Monkey Selfie’ lawsuit – a favourite of copyright law enthusiasts across the world, recently came to an end. As our readers are bound to recall, the dispute began in 2011, in the forests of Indonesia, where Naruto, a black macaque monkey swiped British Photographer, David Slater’s camera and clicked a selfie. Unbeknownst to Naruto, this picture soon became the reason for a lawsuit that not only lasted several years, but also became monumental in shaping the …

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SpicyIP Fortnightly Review (April 17-29)

/ By / Others

Topical Highlight The topical highlight for this fortnight was Rajiv’s analysis of the recent ruling of the United States Supreme Court (USSC) in the case of Oil States Energy Services v. Greene’s Energy Group, upholding the legality of the post grant review process before the Patent Trial and Appeals Board. Going over the facts and procedural history of the case, Rajiv notes that the process for post grant review was brought into American patent law by way of the ‘America Invents …

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World IP Day, 2018: Celebrating Women in IP

/ By / Others, Overlaps in IP

Every year, the 26th of April is celebrated as the World IP Day, to promote the role of IP in encouraging innovation and creativity. Pursuant to this goal, WIPO marks the occasion each year, with a ‘novel’ theme. This year, the World IP day campaign “celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future.”   Keeping very much with this theme, we are pleased to commemorate this year’s …

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In the Name of the Author & the ‘Mukhda’: Assessing the Economics of Moral Rights (Part I)

/ By / Copyright

It has been said that when a work is created, it assumes the personality of the creator; that it is an extension of the author’s own personhood. In extension of this theory, it has also been agreed that the author assumes over the work created by him, certain rights that are not only inalienable to him (i.e. rights that are absolute; that cannot be transferred) but also, are unique only to him – the human creator of the work. In …

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Where’s the Surcharge? : Of TM Renewals & Procedural Deficiencies

/ By / Trademark

Last month, the Delhi High Court’s Division Bench delivered a rather interesting decision on trademark renewals in the case of Epsilon Publishing House v. UOI & Ors. In September of last year, Epsilon (petitioners/appellants) filed a writ petition before the Delhi High Court challenging the renewal of the respondent’s trademark “LOKPRIYA EASY NOTES” bearing application number 1006905. Back then, the court via Justice Bakhru dismissed the writ petition, holding that the renewal was good in law. The petitioners (/appellants) appealed …

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SpicyIP Fortnightly Review (March 25 – April 7)

/ By / Others

The thematic highlight for this fortnight, is Rahul’s post on the recent Bombay HC judgment that held copyright registration mandatory for maintaining an action of infringement. Rahul notes the Court’s flawed reasoning that since, under section 50-A, registration is the only way to inform the public of copyright in a work, this is indicative of legislative intent to make registration mandatory. The Court also applied this reasoning to hold that several other provisions would be deemed unworkable if registration was …

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SpicyIP Weekly Review (March 4 – 10)

/ By / Others

By way of a special report that I highly recommend to our readers, Prashant & Balaji brought us this week’s topical highlight. The report draws on a recent coverage by The Hindu reporting limited access to Bedaquiline, which has been touted to be the most promising drug for the treatment of multi-drug resistant tuberculosis (MDR-TB) and is patented by US based company, Janssen. Subsequently diverging from the Hindu report, Prashant and Balaji take us through their own research on the …

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