Category Archives: Others

Copyright Others Patent Trade Secret Trademark

SpicyIP Weekly Review (September 13-19)


Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed” In this post, Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. He first summarises the findings of the Division Bench. He then noted the court’s ruling that the subject matter of…


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Others

SpicyIP Weekly Review (September 6 – 12)


Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas? Continuing our series of posts on the Parliamentary Standing Committee Report, I wrote about the recommendations on IPR and traditional knowledge. I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. Analysing these recommendations, I note that they represent a shifting…


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Copyright Innovation Others Patent Trademark

Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!


Pic of Shamnad Basheer

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14th, 2021 we announced the 2nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad‘s 45th birth anniversary. Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. And encouraged participants to draw inspiration from Shamnad’s scholarship. This year, we received fewer…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (August 16 – 22)


PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes In a guest post, Satchit Bhogle covered the issue of infringement of personality rights. Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue….


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Copyright Opportunities Others Patent Privacy

SpicyIP Weekly Review (August 2 – 8)


Madras HC on the Right to be Forgotten: A Welcome Development? In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted of allegations relating to offences under Section 417 (Cheating) and Section 376 (Rape) of the IPC. He claimed that he is entitled to redaction of his name from the judgment given that he…


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Opportunities Others Publication

Call for Abstracts: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31]


We’re pleased to inform you that the National Law Institute University (NLIU), Bhopal has recently established the International Trade Law Journal and is inviting abstracts for papers for the inaugural issue of the same. For further details, please read the post below. Call for Papers: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31] About the Journal The NLIU International Trade Law Journal, a peer-reviewed annual publication of the National Law Institute University, Bhopal, is calling for submissions…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (July 26 – August 1)


Topical Highlight A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System In a guest post, Dr. Arul George Scaria writes about the macro and structural issues with the recently released Parliamentary Standing Committee Report on IPR. He notes the list of recommendations in the Report while highlighting the pro-industry nature of the same. The post focuses on three methodological flaws in the Report. Dr. Scaria points out that the Report lacks focused questions of enquiry…


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Others

SpicyIP Weekly Review (July 12 – 18)


Topical Highlight The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary In this post, Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘to tackle the menace of film piracy’, and is a revision of the Cinematograph (Amendment) Bill 2019. She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. She also highlights another surprising change i.e.,…


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Others Trademark

Serious Comparative Advertising: Broadening the Definition


We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition Sangita Sharma In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values are similar to that…


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Others Trademark

Logo Battles in Fashion Forever


We’re pleased to bring to you a guest post by Tanya Saraswat. Tanya is a 3rd year BBA LLB student at Kirit P Mehta School of Law, NMIMS, Navi Mumbai. Logo Battles in Fashion Forever Intellectual property rights, including trademarks, patents and copyright, protect the innovations and inventions of creators from other companies or individuals. Logos come under the wide ambit of trademarks. The trademark protection for a business logo means that no one else can exploit or use it….


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