Category Archives: Geographical Indication

Copyright Geographical Indication Patent Plant Variety Protection Trademark

The Compilation of the Decade of SpicyIP Posts on IPAB

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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…


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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark Uncategorized

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


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Copyright Design Geographical Indication Patent Trademark

SpicyIP Weekly Review (March 15 – 21)

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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…


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Geographical Indication Trademark

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

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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,…


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Geographical Indication

The Third to Tango: After Pakistan, Nepal Opposes India’s GI Application for Basmati

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In November, 2020, Varsha wrote a detailed piece on the ongoing dispute between India and Pakistan on registration of GI over Basmati in the EU. Seemingly, after months of speculations (here and here) Nepal has finally joined the fight, opposing India’s application. This perhaps makes it the first IP disputes between the three South Asian countries.  While a more detailed post on this opposition will follow soon, I would like to quickly highlight a few interesting facts surrounding this event…


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Copyright Geographical Indication Innovation Others Patent Publication Trademark

SpicyIP Weekly Review (February 22 – 28)

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Thematic Highlight A Draft “Open” IP Syllabus In this post, Swaraj shared the first draft version of an ‘Open’ IP Syllabus that he along with a small team of researchers has worked on in the last few months. The syllabus is aimed to contain materials that are legally and publicly available free of cost and outside of paywalls, touching upon diverse themes concerning intellectual property law. While the completion of the entire syllabus is expected to take some time, this…


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Copyright Geographical Indication Innovation Others Patent Publication Trademark

A Draft “Open” IP Syllabus

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Image showing various 'Open' related logos, with text "IP Textbooks. It's always Open Access O'Clock. Download and Enjoy"

Despite the plethora of materials online, any student, researcher or professor would know that access to scholarly information is a lot more difficult than what it should be. Most of the time, if you’re serious about research, the ‘research’ journey is more about how many paywalls you can climb (legally or not so legally), as much as it is about how good the material you can find is. To get around this, many folks rely on plug-ins like UnPayWall and…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward

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We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the recent Bill moved by the Government in the Parliament proposing to shut down IPAB and the way forward. Justice Sridevan needs no introduction – she served as a judge of the Madras High Court from 2000 to 2010 and as the Chairperson of the IPAB from 2011 to 2013 and her stint as both resulted in a number of significant IP developments, which we…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Justice Manmohan Singh Holds Hearings at IPAB Despite Supreme Court Ruling

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Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement (pdf) expressly noted that the tenure of the incumbent Chairperson ended on 21.09.2019 and further rejected the notion that the incumbent must remain as the…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Breaking: Finance Minister Proposes a Draft Bill in Lok Sabha to Shut Down IPAB

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Just hours ago we broke the story about the Supreme Court judgement (pdf) dismissing the application seeking extension of the incumbent IPAB Chairperson and now we are in knowledge of an immensely interesting Draft Bill (pdf) introduced in the Lok Sabha which proposes to shut IPAB for good! The Bill was introduced the day before yesterday (11.02.2021) by the Union Finance Minister Ms. Nirmala Sitharaman, bearing the title “The Tribunals Reforms (Rationalisation And Conditions Of Service) Bill, 2021”. While seeking…


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