Category Archives: Copyright

Copyright Patent Trademark

SpicyIP Weekly Review (May 3 – 9)


Topical Highlights Natco Files Compulsory Licence Application for Covid Drug Baricitinib? Swaraj wrote about Natco’s application for a compulsory license to manufacture the drug Baricitinib. He reports that the application points to studies showing that Baricitinib in combination with Remdesivir is more effective for patients with Covid 19, as compared to Remdesivir alone, with possibly less side effects as well. The drug is currently not manufactured in India, and less than 9000 tablets were imported in 2019 and 2020, with…


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Copyright

Freedom of Panorama: Analysing the Term ‘Permanently Situate’ under the Copyright Act


We’re pleased to bring you a guest post by Priya Garg, Ghanavi Umesh and Rishika Agarwal, analysing the meaning of the term ‘permanently situate’ as used in sections 52(1)(t) and (u) of the Copyright Act which provide for freedom of panorama. Priya is an Assistant Lecturer at Jindal Global Law School, Sonipat. She holds a Bachelor of Civil Law (BCL) degree from the University of Oxford and B.A. LL.B, (Hons.) degree from NUJS, Kolkata. Ghanavi is a 2nd year student…


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Copyright Patent Trademark

SpicyIP Weekly Review (April 26- May 2)


Topical Highlight Supreme Court Weighs in on the Crisis: Vaccine Price Equity, Compulsory Licensing and Free Speech Online In this post, Adyasha analyses the recent proceedings in the suo motu case taken up by the Supreme Court regarding matters concerning the Covid-19 pandemic. She first discusses the concerns regarding the pricing of vaccines and notes that the court asked the right questions from the Central Government as to the differential pricing for the Centre and other entities, deviation from the…


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Copyright

Copyrighting Musical Fountains: An Analysis of China’s Approach to Dynamic Artworks


We’re pleased to bring to you a guest post by Abhijay Srekanth, discussing a Chinese decision on copyrightability of a musical water fountain show and analysing whether the courts’ approach therein is compatible with Indian copyright law. Abhijay is a 4th law student at Jindal Global Law School, Sonipat. Copyrighting Musical Fountains: An Analysis of China’s Approach to Dynamic Artworks Abhijay Srekanth The strict rules of copyright law have been criticised for not being able to account for emerging and…


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Copyright

A Guide on Fair Use Cases in India


On the occasion of the World IP Day, pleased to bring to you the initial installment of a compilation of all the fair use decisions pronounced by India’s high courts and the Supreme Court under the Copyright Act, 1957 till date. The pdf version can be viewed here and the word version here. The compilation lists all types of use of copyrighted works which the courts have determined to be permissible – or not permissible – under Section 52 of…


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Copyright Drug Regulation Innovation Patent Privacy Trademark

SpicyIP Weekly Review (April 19 – 25)


Topical Highlight Compulsory License for Covid Drugs on the Table, Says Delhi High Court In this post, Swaraj discusses the recent Delhi High Court order in the case of Rakesh Malhotra v. Govt of National Capital Territory of India and Others, in light of the worsening pandemic situation in India. The Court hauled up the government on various issues regarding the response to the pandemic so far, concerning oxygen use, ramping up of testing facilities, shortage of drugs and black…


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Copyright Innovation Patent Trademark

SpicyIP Weekly Review (April 5 – 11)


Topical Highlights SCOTUS Decision in Google v. Oracle: Distorting ‘Fair Use’ but the Scathing (and Logical) Dissent is the One Saving Grace In Part I, Adarsh summarizes the recent SCOTUS ruling on Google’s copying of roughly 11,500 lines of code relating to 37 software packages forming part of Sun Java API, owned by Oracle. The court renders no finding on copyrightability and has restricted itself to the question of fair use by undertaking the four-factor analysis. On ‘Nature of the…


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Copyright Privacy Trademark

Vote for Enjoy Enjaami?: Elections, Parody Songs, and IP


It is a common practice for political parties to utilise songs, either original or non-original, as part of their election campaigns. Like most other things in life though, politicians have frequently thought themselves above the law when it comes to asking for permissions for using copyrighted songs! It has led to protests in countries such as the United States by artists against political usage of their music. A prominent controversy involving Rihanna’s objection to Donald Trump using her songs at…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

The Compilation of the Decade of SpicyIP Posts on IPAB


[Co-authored/compiled with Praharsh Gour]  Earlier this week, Praharsh blogged about the IPAB finally being scrapped through an ordinance, with its powers / duties transferred to High Courts and Commercial courts (for copyright matters). Long time readers may recall that Prof Shamnad Basheer, after pointing out various issues with it, had first started asking for the IPAB to be shut down 11 years ago, in this post titled “Pondering the legal competence of the IPAB”. Note the following lines – more…


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Copyright

SCOTUS Decision in Google v. Oracle: Distorting ‘Fair Use’ but the Scathing (and Logical) Dissent is the One Saving Grace (Part II)


In Part I of this two-part post, I introduced the SCOTUS’ judgment, the concept of API and summarised the majority’s finding. In this Part II, I summarise the minority opinion and share my critique of the judgment. The minority’s opinion The minority agrees with the majority insofar as “fair use” being a mixed question of fact and law. The minority disagrees with everything else. The minority criticises the Courts approach of determining the application of an exception/defence without issuing a…


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