Category Archives: Others

Others

SpicyIP Events: INTA’s 2018 Middle East and Africa Conference: Innovation, Investment, and IP [December 10-11, 2018; Dubai]


We’re pleased to announce that INTA will be hosting the 2018 Middle East and Africa Conference: Innovation, Investment, and IP on December 10-11, 2018 in Dubai. There’s an early bird discount being offered for those who register by October 19, 2018. For further details, please read the post below. International Trademark Association’s Middle East and Africa Conference to Explore How to Seize Opportunities and Protect Intellectual Property in Expanding Markets Tish Berard Public and private investment from India in the Middle East…


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Others

SpicyIP Weekly Review (October 8-14)


Thematic Highlight  Rishabh wrote a post on Twitter’s Terms of Service. In his post, he states that agreeing to the licensing clause in the Terms gives Twitter the license to use the uploaded copyrightable content in any manner they deem fit. He finds that certain portions of the clause would be found unenforceable under the law of assignment in India. He also points to the possibility of infringement of users’ moral rights since, under the Terms, Twitter is given the…


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Copyright Others

Delhi High Court Once Again Tackles the Issue of IP in Customer Lists – Delivers a Solid Judgment in Favour of Employees


An issue which keeps popping up in Indian litigation is whether it is possible for employers to restrain former employees from using customer lists after leaving employment. These legal actions are usually based in copyright law or contractual agreements that have clauses on confidentiality and restraints against post-employment competition. In a recent judgment by Justice Endlaw, in the case of Navigators Logistics Ltd v. Kashif Qureshi & Ors. the above issues are decided in favour of former employees in a…


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Others

SpicyIP Events: 4th IPScholars Asia Works-in-Progress Conference [January 30-31, 2019; Singapore]


We’re pleased to announce that The Advanced Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University will be holding the 4th edition of its Annual IP Scholars Asia Works-in-Progress Conference on January 30-31, 2019. The deadline for submission of paper proposals is October 17, 2018. For further details, please read the announcement below. SpicyIP Events: 4th IPScholars Asia Works-in-Progress Conference [January 30-31, 2019; Singapore] Singapore Management University is pleased to announce that the 4th edition…


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Others

SpicyIP Weekly Review (October 1-7)


This week on SpicyIP… Mathews wrote a post on the recent Madras HC decision in Kajal Aggarwal v. VVD & Sons. The court held that a producer can exploit a cinematograph film for the statutorily sanctioned 60 years despite a contract to the contrary. Mathews argues that a wiser course of argumentation for the appellants may have been to rely on IP jurisprudence, arguing that reducing the time-period of the copyright to 1 year would improve access for the public,…


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Others

SpicyIP Interview Series – Carl Malamud on Gandhi, Satyagraha and Open Access in India


On the occasion of Mahatma Gandhi’s 149th birth anniversary, we at SpicyIP celebrate by bringing you a conversation with Mr. Carl Malamud – pioneering web archivist, open access advocate, the founder of PublicResource.org and a satyagrahi on a mission to free knowledge from the restraints imposed by archaic laws, institutions and values. Mr. Malamud has been at the forefront of the fight for better access to public knowledge – having taken on (and won against) various US Government agencies like…


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Others

SpicyIP Fortnightly Review (September 17-30)


I had written a post on the latest Mahindra-Fiat dispute. The US International Trade Commission has instituted an investigation under Section 337 of the Tariff Act against Mahindra on the basis of Fiat’s complaint. Fiat alleges that its trademark in the grills of the “Jeep” has been infringed by Mahindra’s “ROXOR”. In my post, I briefly summarise similar disputes which have occurred in the past between Fiat and its rival companies (including Mahindra) and reflect upon Fiat’s “protectiveness” about its grills….


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Others

SpicyIP Weekly Review (September 10-16)


Thematic Highlight In his guest post, Adarsh Ramanujan argued that there is a hidden indictment of the Aadhar Act in the Justice Sri Krishna Committee Report and its proposal for the Personal Data Protection Bill 2018. He argues that the proposal’s suggestions to make UIDAI’s functioning subject to the proposed Bill, mandating an online-offline verification split and amend Section 29 of the Aadhar Act all indicate that the Report identifies Aadhar as a problem in the data protection regime. Topical…


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Others

SpicyIP Weekly Review (September 3-9)


Thematic Highlight  In Prashant’s latest update on the bedaquiline  controversy, he discusses about how The Hindu’s science editor pitched for increasing access to bedaquiline to treat MDR-TB. In response to this, he reiterates his argument in earlier posts: Since Phase III trials for the drug has not been conducted yet, regulatory approval for the same should not be given. In the latter part of his post, he points out that journalists have not addressed the government’s scandalous consent forms for providing…


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Others

SpicyIP Weekly Review (August 27-September 2)


Thematic Highlight In her guest post, Dr. Sunanda Bharti argues that Hall of Nations the Hall of Nations structure is a work of architecture, and therefore, qualifies for protection under the Copyright Act, 1957. She posits that even though the economic rights with respect to the structure vest with the Government, moral rights under Section 57 still remain with the artist who created the work. The destruction, therefore, violated these rights. Topical Highlight Prashant wrote about the most recent attempt…


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