Category Archives: Others

As a reminder to our readers, the deadline for submissions to the 3rd Shamnad Basheer Essay Competition on Intellectual Property Law is just a couple of weeks away – July 14th, 2022 (23:59 IST). We’re also very happy to announce that an anonymous supporter has generously agreed to double the prize money for the winners! The first, second and third prize winners will now be getting INR. 30,000, INR 20,000 and INR 10,000 respectively. As a reminder – this year’s…

The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

by SpicyIP June 28, 2022

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We’re pleased to bring our readers Part 2 of the series by Surabhi Pande and Devvrat Joshi looking at the proposed draft amendments to the IT Rules, 2021. The first part looked at two specific proposed provisions and argued that they would impact the ability of intermediaries to avail safe harbour provisions. This second part continues the analysis of the draft amendments, looking at some of the remaining provisions and takes issue with the lack of clarity. Readers may be…

The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

by SpicyIP June 27, 2022

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We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions. Surabhi Pande and Devvrat Joshi are both Senior Associates in the Dispute Resolution Team at Saikrishna…

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IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

by Swaraj Paul Barooah June 19, 2022

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Image of "speech" in jail bars, and a stick figure writing a letter, with the words "Write to Free Speech"

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure. For a general introduction to this IP Reveries series, please check the…

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Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

by Mathews P. George June 19, 2022

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Justice Pratibha Singh of the Delhi High Court, vide judgment dated 3 June 2022 in Vishal Pipes Limited v. Bhavya Pipe Industry, held that all the IPR disputes, irrespective of their valuations, should be listed before the commercial district court judges. If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not. If the valuation is found to be below 3 lakhs rupees, the suit will be treated as a…

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Of cosmetics, insolvency and trademarks

by Aparajita Lath June 17, 2022

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As reported, Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. From offering vegan nail polishes, to natural lipsticks and lip balms, to entering into foreign collaborations, a lot is going on in the Indian cosmetics space. It may…

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Strong Statement by India at the 12th WTO Ministerial Conference

by Swaraj Paul Barooah June 15, 2022

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In an official statement at the 12th WTO Ministerial Conference, that was both blunt and sharply worded, India’s Union Minister Piyush Goyal quite openly called out the developed nations on at least three major points: 1) diluting the “TRIPS Waiver” to the extent that its little more than existing compulsory licensing provisions; 2) their delaying tactics over the waiver; and 3) as well as their attempt to portray themselves as caring for the developing world while actually hardly moving the…

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Algorithmic Transparency and the Smart State

by Aparajita Lath June 13, 2022

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While the Joint Parliamentary Committee (JPC) released its much-awaited report on a sparkling new data protection legislation late last year, as reported, the bill may be scrapped for a completely new law. The personal data protection bill had created significant buzz in the industry and society. So much so, the JPC received feedback from over 200 stakeholders representing a cross-section of society. After years of consultations from 2018 onwards, the bill transformed from a ‘Personal Data Protection Bill’ to a…

Some Reflections on “Present at Creation”

by SpicyIP June 12, 2022

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We’re pleased to bring you a post by Prashant reflecting on a book that we’d mentioned recently on the blog – Dr. R.V. Vaidyanathan Ayyar’s “Present at Creation”. As had been mentioned in that earlier blog post, Dr. Ayyar’s 421 paged “Present at Creation: The Making of Internet Treaties 1996” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty…

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TRIPS Waiver: Is There Anything To Gain?

by SpicyIP June 10, 2022

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We’re pleased to bring you a guest post with an update on the Covid-19 TRIPS waiver proposal, from Sreenath Namboodiri. You can read the previous posts we’ve had on the TRIPS Waiver here. Sreenath is Assistant Professor at School of Law, Christ (Deemed to be University) Delhi NCR. His research focuses on intellectual property rights in relation to health systems, sustainable development and innovation, pharmaceutical patents, knowledge governance, and technology and law. Since 2013, he has been an honorary fellow…

Mathews P. George { Thank you for your comments. IP valuation is a tricky business. Even though there are various methods for IP valuation, it may be the case that many IP... }
Shobhit { Mathews, on your point (i), the point is not over-valuation or under-valuation anymore, but correct valuation. If a brand owner 'correctly values' its IP, for perhaps 98% of... }
Mathews P. George { Thanks for the comments. i) It is not clear as to how this judgment will lead to over-valuation and flooding of cases in the high court. The more... }
Priya Sharma { I wasn't aware that one protects the design of the jewellery by copyrighting it. I think this will really make it possible for one to understand the importance... }
Akeo Blockchain Development { Hi Adarsh, Thanks for the information, very insightful post with clarity. Keep-up the good work }

De-Coding Indian Intellectual Property Law

Category Archives: Others

Reminder: Shamnad Basheer Essay Competition Deadline Coming up, Prize Money Doubled

The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

Of cosmetics, insolvency and trademarks

Strong Statement by India at the 12th WTO Ministerial Conference

Algorithmic Transparency and the Smart State

Some Reflections on “Present at Creation”

TRIPS Waiver: Is There Anything To Gain?