Category Archives: Others

Others

SpicyIP Jobs: Full Time & Consultancy Positions at K&S Partners


We’re pleased to inform you that K&S Partners, one of India’s leading IP law firms, is looking to recruit for multiple full time as well as consultancy positions across its offices in Gurgaon, Bangalore, Hyderabad and Chennai. For further details, please see the job description for each of these positions below. If you are interested in applying for any of the positions, you may send your resume to Charu Gupta at [email protected] A. Full Time Position (1) Title: Associate Patent Nature…


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Others

Justice Rajagopala Ayyangar Summer Fellowship 2019 [Apply by March 1]


We’re pleased to inform you that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is offering two Summer Fellowships under ‘IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship’ program during April to June 2019. IUCIPRS has instituted this Fellowship to encourage teachers interested in IP research in India to spend minimum of two months during summer (April to June) at IUCIPRS undertaking research work in IP. Applications should reach the Director on or before March 1, 2019. The norms…


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Others

SpicyIP Weekly Review (Feb 4-10)


Thematic Highlight In the first of a two-part post, I wrote on the Supreme Court’s judgment in Star India v DIPP. In its judgment, the court delineated the regulatory powers of TRAI, in light of alleged overlaps with the Copyright Act. The court noted that the regulations passed by TRAI did not tread onto the ‘broadcast reproduction right’ granted under Section 37 of the Copyright Act. In the next part, I will discuss the court’s holding on the outcome if…


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Copyright Others

Supreme Court on TRAI’s Regulatory Powers (Part 1)


In this belated two-part post, I will try to unpack a judgment of the Supreme Court (available here) from October 2017, on the scope of TRAI’s regulatory power with respect to broadcasting services. It reached the Supreme Court in appeal after the Madras High Court dismissed the writ petition in a split decision. This case was about an unsuccessful challenge to the validity of certain provisions in the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order 2017 (‘Tariff…


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Others

SpicyIP Weekly Review (28th January-3rd February)


Divij wrote a post  about the recently released draft intermediary guidelines. In his post, he specifically focusses on Draft Rule 3(9) which provides for “automated tools” and “appropriate mechanisms” for identifying “unlawful” online content. Noting the response to the similar proposed changes to the EU Copyright Directive, he analyses the various adverse impacts the Rules may have on copyright  law and access to knowledge. Rishabh wrote about a worrying development in the IPAB; the Board has allegedly been conducting hearings…


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Others Trademark

IPAB Conducts Hearings and Passes Orders Despite Losing Quorum


It has recently come to our notice that the Intellectual Property Appellate Board (IPAB) has been conducting hearings and passing orders without the quorum mandated in the Trade Marks Act! Section 84(2) of the Trade Marks Act, read with Rule 20 of the IPAB (Procedure) Rules, 2003, require the presence of one Judicial Member and one Technical Member on the bench to form a quorum. Any order passed or hearing conducted without a quorum would, therefore, be illegal. Prof. Basheer…


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Others

SpicyIP Weekly Review (Jan 21-27)


Thematic Highlight Our thematic highlight came from Prarthana, who wrote on the impact of intellectual property law may on culture. In her post, she discusses the meaning of the term ‘cultural appropriation’, which she notes may be lost due to incorrect usage. She notes that the crossroads between intellectual property and culture comes most concretely in WIPO’s draft articles on ‘traditional cultural expressions’, which speaks of protecting community rights over cultural expressions and manifestations. She concludes by discussing two recent…


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Others

When IP Law and Cultural Appropriation Meet At a Crossroad…


Can a culture die? It’s debatable. Can a culture be erased from the memories of the public and/or assimilated completely into a dominant culture? When we think of the loss of several Indian languages, the whitewashing of our favourite Disney heroes, the loss of cultural identities of indigenous people across the world and other similar instances, it seems quite plausible, doesn’t it? And this issue lies at the heart of the discourse surrounding cultural appropriation. Quite simply put, cultural appropriation is the…


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Others

SpicyIP Weekly Review (Jan 14-21)


Topical Highlight Prof. Basheer wrote a post on the Monsanto decision that was recently passed by the Supreme Court. In his post, he highlights the magnitude of the litigation that has taken place and the different areas of law that must be considered. He also notes that much is yet to come from the dispute since the Delhi High Court will now conduct a trial over the patentability of the technology, which he suspects will also be a decision that…


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Others

Rajat Sharma v/s Zee Media-Delhi HC’s Latest Order on Personality Rights


In an order passed a few days ago, the Delhi High Court issued an injunction against Zee Media from using Rajat Sharma’s name in all its print and electronic advertisements. It further directed the defendants to remove all hoardings across the country which mention Mr. Sharma’s name. Here’s a brief background of the case at hand. For promoting its new channel, Zee Hindustan, the defendants had published the following advertisement on January 9, 2019 in the front page of the HIndustan Times: In the guise…


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