Category Archives: Geographical Indication

We’re pleased to bring to you this guest post by our former and one of the most prolific bloggers, Prashant Reddy. The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant Reddy India’s much troubled Intellectual Property Appellate Board (IPAB) was officially buried on August 14, 2021 when the President of India gave his assent to the Tribunals Reforms Act, 2021 enacted by Parliament. With the enactment of this law, the jurisdiction of the IPAB moves back…

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB

by Praharsh Gour July 26, 2021

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One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB. At the outset, let me clarify, I am in no way against the idea of having a dedicated IP court, which will ensure timely disposal of…

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System

by SpicyIP July 26, 2021

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As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report…

SpicyIP Weekly Review (July 5-11)

by Adyasha Samal July 12, 2021

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Topical Highlight IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations…

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division

by Varsha Jhavar July 7, 2021

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In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet, the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C. Hari Shankar and Justice Sanjeev Narula. (pg 9) The court is in the process of formulating comprehensive rules for this division. As you may recall,…

Geographical Indication Patent

NUJS Webinar on ‘IPR& SMEs (Special Focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ (April 25)

by SpicyIP April 21, 2021

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We’re pleased to inform you that DPIIT IPR Chair, NUJS is organising a webinar on ‘IPR & SMEs (Special Focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ on 25th April, 2021. For further details, please see the announcement below: National Webinar on ‘IPR& SMEs (Special focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ 25th April 2021 | 4:00 PM – 6:00 PM (IST) SMEs are the backbone of the global economy. They account for around 90 percent…

The Compilation of the Decade of SpicyIP Posts on IPAB

by Swaraj Paul Barooah April 8, 2021

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[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…

Breaking: President Promulgates Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

by Praharsh Gour April 5, 2021

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IPAB has been in the eye of the storm since its inception. While there are ardent believers of the institution (See here and here), there are equally strong arguments by the ones against it (few of them advanced by the former Chairperson of the institution itself!) (See here here and here). A few months ago, the Executive seemingly laid the debate to rest by introducing the Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposing to scrap IPAB. However,…

SpicyIP Weekly Review (March 15 – 21)

by Nikhil Purohit March 22, 2021

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Topical Highlight Sherlyn Chopra Case- Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies In this post, non-consensual sharing of intimate images or videos from a copyright perspective, in light of the recent case filed against Sherlyn Chopra for sharing obscene content online. She first analyses copyrightability of obscene content. She notes decisions from Israel and England that have used grounds of immorality to deny copyright protection to works. She contrasts this with Indian copyright law where such grounds…

Geographical Indication Trademark

Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part II

by Varsha Jhavar March 19, 2021

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In Part I, in the light of jurisprudence, I had analysed whether copyright or design law would be the appropriate IP for jewellery protection. Additionally, I had also discussed if ‘adaptation’ or ‘reproduction’ would be the more suitable term for referring to the conversion of 2D drawings into 3D jewellery. In Part II, I look at other questions such as what would happen if a suit in respect of copying of jewellery is brought under copyright law and passing off,…

{ Can a late submission of POA by opponent in case of opposition be allowed? Opposition maintainable? }
ravi { As a law student, I really enjoyed reading this blog and learned something new. Thank you for sharing this useful information. }
Vasant Savangikar { This is actually a non-issue. If developing countries have, in their Patent Acts, provisions of sections 84 to 94 as are present in Indian Patent Act, for causes... }
Shubham Dhyani { Great Post }
Shobhit { Prashant, have you analysed the territorial jurisdiction of various HCs over pending and new cases which would have gone before IPAB? I think there is a huge miss... }