Category Archives: Others

Others

SpicyIP Weekly Review (May 18 – 24)


[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight The Delhi High Court and an Anti-Suit Injunction – Part I & II In a two-part post, Mathews wrote about the Delhi HC’s recent decision in HT Media Ltd. v. Brainlink Int., wherein it granted an interim injunction restraining a New York-based corporation from using the domain name ‘www.hindustan.com’ and proceeding with this suit or filing a related suit before any court. In…


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Others

SpicyIP Weekly Review (May 11 – 17)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Reverse Engineering and Aarogya Setu App: Contracting Out of Fair Dealing? One of our former bloggers, Aparajita wrote a guest post examining the legal enforceability of the prohibition on reverse engineering imposed by the terms of service of the Govt’s COVID-19 tracking mobile app Aarogya Setu, in light of the fair use rights of users under Section 52 of the Copyright…


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Others Patent

Govt’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions: A Critique


We are pleased to bring you a post by our Fellowship applicant, Shivam Kaushik, critiquing the Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions that was released by the Government in September last year. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. This is his first submission for the Fellowship. CIPAM’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions: A Critique Shivam Kaushik In September 2019, the Department for Promotion…


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Others

SpicyIP Weekly Review (May 4 – 10)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) In a guest post, Nikhil Purohit wrote about the decision of BMW AG v. Om Balajee Automobile (India), wherein the Delhi HC granted an interim injunction restraining the defendant from using the mark ‘DMW’. Beginning with the Court’s analysis on deceptive similarity, Nikhil notes that the Court failed to acknowledge the obvious differences in the parties’ logos. He further observes that the Court…


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Copyright Others Patent Plant Variety Protection Trademark

A Petition to Shutdown the IPAB and Shift Its Functions to High Courts and Commercial Courts


A few weeks ago we had an interesting series of posts on SpicyIP, debating the role of the Intellectual Property Appellate Board (IPAB) and whether it should continue to exist. Along with our former blogger Rahul Bajaj, who is currently a Rhodes Scholar at Oxford, I have drafted the petition below requesting the government to consider a proposal to scrap the IPAB and transfer its functions back to commercial courts and High Courts. We intend to send it to the…


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Others

SpicyIP Weekly Review (April 27 – May 3)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Divij covered the legal aspects surrounding digital access to libraries with reference to the COVID-19 lockdown. He notes that the legality of digital book-lending efforts have posed unresolved challenges to the copyright law in India. He notes that Indian copyright law incorporates the first sale doctrine, but the same has not been extended to the digital medium due to the ease…


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Others

SpicyIP Weekly Review (April 20 – 26)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Namratha wrote about Cancer Patients Aid Association’s (‘CPAA’) call for revocation of Gilead’s Remdesivir, a drug being tested as a probable cure for COVID-19. She states that Remdesivir was granted a patent in India in February 2020, and that it has been touted as ‘essential’ for treatment of COVID-19 patients suffering from other serious health conditions simultaneously. She further notes that…


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Others Privacy

Cross-Border Data Flows in WTO Law: Moving Towards an Open, Secure and Privacy-Compliant Data Governance Framework


We have for our readers today an invited guest post from Neha Mishra, currently a post-doctoral fellow at the Centre for International Law, National University of Singapore. Neha earned her BA.LLB degree from NLS Bangalore several years ago (where we were classmates) after which she practised law briefly in London and India. She then went on to collect degrees in law and public policy from the London School of Economics, National University of Singapore and finally a PhD from Melbourne…


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Others

Regarding the Scrapping of the IPAB


We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the shutting down of IPAB (our recent series of posts on which can be viewed here). 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 have covered here, here, here and here….


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Others

The Case for Keeping the IPAB Open – Part II


I am compelled to draft a reply to Prashant’s response to my post (which in turn was a response to the initial post by him and Prannv arguing for the shutdown of IPAB). The bulk of my ire is against the allegation that I have written my last post only because I make a living off the IPAB. I must state that the courts, especially the High Courts are substantially the means of my daily subsistence. Therefore, my views against…


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