Category Archives: Geographical Indication

Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various…

A Look Back at India’s Top IP Developments of 2020

by Pankhuri Agarwal January 1, 2021

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(This post has been co-authored with SpicyIP Fellows Adyasha Samal, Anupriya Dhonchak and Nikhil Purohit.) Here’s wishing all our readers a very happy, safe and healthy new year! Unfortunately, many traditions worldwide had to be broken the past year, but here at SpicyIP we’re glad to continue our annual tradition of recounting all the significant developments that impacted the Indian IP landscape in 2020. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top…

The Legality of the Appointment of the 5 Technical Members to the IPAB

by SpicyIP December 28, 2020

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Prashant Reddy, one of our most prolific bloggers, is back with a guest post, questioning the legality of the appointment of the 5 Technical Members made to the IPAB earlier this year. The Legality of the Appointment of the 5 Technical Members to the IPAB Prashant Reddy Continuing from Praharsh’s earlier post on the Supreme Court’s judgment on the legality of the Tribunal Rules, 2020, I would like to briefly comment on the legality of the appointments of the 5…

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions

by Praharsh Gour December 25, 2020

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Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court passed a detailed judgement in Madras High Court Bar Association v. Union of India last month, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (or Tribunal Rules 2020). Among other things, the decision is crucial for its observation on appointment of the Chairpersons, Vice-Chairperson and Technical Members to…

SpicyIP Weekly Review (December 7 – 13)

by Anupriya Dhonchak December 14, 2020

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Thematic Highlight Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I) In Part I of this 2-part guest post, Akshat Agarwal analyses the ‘incentive/compensation’ structure actually in place for artists in India as well as its consequences. He lucidly explains that artists receive only a small proportion of revenue earned by music streaming services. He then highlights a deeper issue that enables a few oligopolistic players to capitalize on their monetary privilege…

Geographical Indication

India vs Pakistan: Dispute over Basmati’s GI Registration in the European Union

by Varsha Jhavar November 18, 2020

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Recently, the aromatic, long grain rice known as ‘Basmati’, became another source of conflict between India and Pakistan. It isn’t the first time that a European GI registration for Basmati has been in the news, nor the first conflict relating to a GI between India and Pakistan. In the past, the GI registration of Pashmina had been a contentious issue. In 2008, India had decided to register Pashmina as a GI domestically and a Pakistani body had opposed this on…

Geographical Indication Trademark

SpicyIP Weekly Review (November 9 – 15)

by Adyasha Samal November 16, 2020

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Topical Highlight Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I In the first of this two-part post, Nikhil discussed the consultation process initiated by the Copyright Office to amend the Copyright Act which happens to involve only industry stakeholders. He explains that these opaque, closed-door consultations are antithetical to the interests of open access, creativity, culture, and freedom of expression and might be paving the way towards the privatisation of…

SpicyIP Weekly Review (September 20 – 27)

by Adyasha Samal September 28, 2020

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Topical Highlight University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’ Praharsh discussed the IPAB’s order allowing an appeal against the Controller of Patents’ rejection of the University of Miami’s application over a pharmaceutical composition for treatment of cancer. The Controller had rejected the application stating, among other things that: a) the additional documents submitted by the appellant to explain the post research scenario were grossly substantive and result of further…

Comparative Advertising Copyright Design Geographical Indication Innovation Others Patent Trademark

SpicyIP Weekly Review (August 31- September 6)

by Nikhil Purohit September 7, 2020

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Topical Highlight T-Series’ Copyright Infringement Claim against Roposo: Intermediary Liability, Safe Harbour and Fair Dealing In this post, I analysed T-Series’ copyright infringement claim against Roposo. I first flagged two relevant features of the application- a music library and an option to ‘collaborate’. I explore whether Roposo can be considered an intermediary and argue that such holding is possible only for the ‘collaborate’ option, leading to personal liability for the music library. Subsequently, for the ‘collaborate’ option for which it…

A New IPAB Chairperson? Maybe, Maybe Not

by SpicyIP August 23, 2020

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We’re pleased to bring you a guest post by Praharsh Gour, highlighting the recent Call for Applications put out for the post of the IPAB Chairperson, along with AIPPI’s application for extending the incumbent Chairperson’s tenure yet again. Praharsh is a graduate from Hidayatullah National Law University, Raipur and is presently an LL.M. candidate at the Faculty of Legal Studies, South Asian University, New Delhi. He’s also co-authored two posts on the blog previously, which can be viewed here and…

Mathews P. George { Dear Mrunmai Thank you for your comments. As I understand, as to check whether a mark is descriptive or not, it has to be seen in the context... }
Mrunmai Tapadia { Cutis biotech, a Nanded based firm, is marketing surface decontaminant, fruit and vegetable wash, and antiseptic products under the name ‘Covishield’. The same brand name is being used... }
Jagdish Sagar { It is certainly necessary to configure, and for the Courts to interpret, the limitations and exceptions to copyright on the basis of empirical experience, and this may be... }
{ Has the tenure of Justice Manmohan Singh been extended post December 31st 2020? }
Jagdish Sagar { Surely a viable solution to this problem would be a statutory licence for users, with suitable guidelines to the IPAB regarding fixation of the fee. Such legislation would... }

De-Coding Indian Intellectual Property Law

Category Archives: Geographical Indication

SpicyIP Weekly Review (January 4 – 10)

A Look Back at India’s Top IP Developments of 2020

The Legality of the Appointment of the 5 Technical Members to the IPAB

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions

SpicyIP Weekly Review (December 7 – 13)

India vs Pakistan: Dispute over Basmati’s GI Registration in the European Union

SpicyIP Weekly Review (November 9 – 15)

SpicyIP Weekly Review (September 20 – 27)

SpicyIP Weekly Review (August 31- September 6)

A New IPAB Chairperson? Maybe, Maybe Not

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