Category Archives: Others

Recently, the Economic Times reported that the Economic Advisory Council to the Prime Minister (EAC) suggested two ways to fast track the process of granting patents. First, it suggested hiring more examiners, an issue we have previously raised alarm about here and here. However, it’s the second suggestion, to limit the timeline for filing pre-grant opposition to 6 months, which has been making quite a few rounds in the media (see for instance here and here). These suggestions were apparently…

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IPAB Orders – Where Art Thou? (And Here’s Our Backup Copy)

by Swaraj Paul Barooah August 1, 2022

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Internet Archive's Wayback machine (which archives pages across the internet) showing an "HTTP 301" error, and redirecting the page to a website that seems to belong to karnataka state open university

It’s now been almost a year since the introduction of the Tribunals Reforms Act, 2021, which put an official end to India’s Intellectual Property Appellate Board (IPAB), moving its jurisdiction back to the High Courts. There have been a few questions lingering from this transfer though. For instance, as pointed out in the comments on this post – Is there clarity on territorial jurisdiction for various High Courts for pending and new cases that would’ve gone to IPAB? What exactly…

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WIPO members approve two diplomatic conferences on designs and genetic resources/TK protection

by Aparajita Lath July 23, 2022

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The WIPO General Assembly, on July 21, 2022, approved to move to diplomatic conferences for two proposed international agreements – one, covering protection of designs and the other, on intellectual property (IP), genetic resources and traditional knowledge (TK) associated with genetic resources. Diplomatic conferences are negotiating rounds which can result in the adoption of multilateral treaties. WIPO members have approved convening of diplomatic conferences for the two proposed treaties no later than 2024. Proposed Design Law Treaty The proposed Design…

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Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

by SpicyIP July 13, 2022

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With several requests for extensions coming in, we’ve decided to extend the deadline for the 3rd Shamnad Basheer Essay Competition (2022). The new deadline is 24th July, 2022 (11:59pm IST). As a reminder, this year’s edition is open to recent graduates as well as current law students. And thanks to an anonymous donor, the prize money has been increased as well. As always, the topic is open to anything within the larger IPR sphere – the more creative, the better….

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IP Reveries: Class 4.2 Ruminating on the “R – Rights” of IPR!

by Swaraj Paul Barooah July 3, 2022

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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…

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

by SpicyIP June 30, 2022

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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). Edit: now extended to July 24th, 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…

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"

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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…

Aparajita Lath { Hi Amit - thank you so much for your comment and these insights! As you point out there is an easy, practical or technical fix to this. The... }
Shobhit { Thats the whole problem with this line of judgment. Even a modest 1000 cr. brand can never protect its IP as the court fee itself for each suit... }
Anon { See paras 42 - 46 of vishal judgment. The Delhi High Court and Kerala High court held that the valuation of the suit for the purposes of Court... }
Anon { See paras 42 - 46 of vishal judgment. The Delhi High Court and Kerala High court held that the valuation of the suit for the purposes of Court... }
Shobhit { Also, to highlight another interesting development from the ground, an order by a District Commercial Court observing: "Consequent upon directions of Delhi High Court in case ' Vishal... }

De-Coding Indian Intellectual Property Law

Category Archives: Others

Fixing Pre grants: Will the EAC suggestion to fix time limit help?

IPAB Orders – Where Art Thou? (And Here’s Our Backup Copy)

WIPO members approve two diplomatic conferences on designs and genetic resources/TK protection

Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

IP Reveries: Class 4.2 Ruminating on the “R – Rights” of IPR!

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