Category Archives: Others

Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various…

Draft Science, Technology and Innovation Policy Proposes Major Changes to India’s Open Access Culture

by Swaraj Paul Barooah January 4, 2021

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[This post has been co-authored with Praharsh Gour] On 2/01/2021, the Ministry of Science and Technology rolled out the draft version of the proposed Science, Technology and Innovation Policy. The process to have a new policy, subsequent to the 2013 one, was in the works since May 2020 (see here for our coverage of the same). And after a claimed 4 track process of consultations and “nearly 300 rounds of consultations with more than 40,000 stakeholders well distributed in terms…

Others Patent Trade Secret

Interdigital v. Xiaomi: Confidential Information and Open Courts

by Anupriya Dhonchak January 4, 2021

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In this post on the recent Delhi High Court order in Interdigital v. Xiaomi, I highlight how the common practice of courts granting confidentiality in commercial litigation without much reasoning does not augur well for transparency, judicial accountability and the citizens’ right to be informed of Court processes and reasoning as part of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. The Public’s Right to Know The Delhi High Court’s order…

SpicyIP Weekly Review (December 28 – January 3)

by Anupriya Dhonchak January 4, 2021

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Topical Highlight Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part I In this three-part post, Nikhil dissects the ongoing copyright litigation in the Delhi High Court by three big publishing houses, namely Elsevier, Wiley and ACM against the shadow libraries Libgen and Sci-Hub, alongwith the interpretive issues before the court. In Part I, he explains the background of the dispute and analyses the dynamic injunction plea sought by the plaintiffs. He argues that a thorough…

The Legality of the Appointment of the 5 Technical Members to the IPAB

by SpicyIP December 28, 2020

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Prashant Reddy, one of our most prolific bloggers, is back with a guest post, questioning the legality of the appointment of the 5 Technical Members made to the IPAB earlier this year. The Legality of the Appointment of the 5 Technical Members to the IPAB Prashant Reddy Continuing from Praharsh’s earlier post on the Supreme Court’s judgment on the legality of the Tribunal Rules, 2020, I would like to briefly comment on the legality of the appointments of the 5…

SpicyIP Weekly Review (December 21 – 27)

by Adyasha Samal December 28, 2020

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Topical Highlight Time to More Seriously Question the Spectre of Copyright in the Realm of Education Swaraj reported that SciHub and LibGen were taken to court by Elsevier UK, Wiley India, Wiley Periodicals USA, and American Chemical Society for copyright infringement, seeking a dynamic injunction. He highlights several issues that are likely to gain attention regarding this dispute – the contrast between the heavy profit-making, increasingly online model of the publishers and Sci-Hub and LibGen’s complete non-profit, no charge, no…

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions

by Praharsh Gour December 25, 2020

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Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court passed a detailed judgement in Madras High Court Bar Association v. Union of India last month, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (or Tribunal Rules 2020). Among other things, the decision is crucial for its observation on appointment of the Chairpersons, Vice-Chairperson and Technical Members to…

Design Others Patent Trademark

SpicyIP Weekly Review (December 14 – 20)

by Adyasha Samal December 21, 2020

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Topical Highlight India on TRIPS Waiver: Will WTO pass the test of humanity? Swaraj gave us an overview of India’s statement on the on-going TRIPS Waiver proposal, delivered at the WTO TRIPS General Council Meeting held from 16th-18th December, 2020. He explains that India strongly appealed to WTO’s responsibility to respond during this time of crisis and also pointed out that COVAX and ACT-accelerator were inadequate to meet global needs. India’s statement also indirectly calls out the hypocrisy in developed…

SpicyIP Weekly Review (December 7 – 13)

by Anupriya Dhonchak December 14, 2020

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Thematic Highlight Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I) In Part I of this 2-part guest post, Akshat Agarwal analyses the ‘incentive/compensation’ structure actually in place for artists in India as well as its consequences. He lucidly explains that artists receive only a small proportion of revenue earned by music streaming services. He then highlights a deeper issue that enables a few oligopolistic players to capitalize on their monetary privilege…

Biological Diversity Copyright Design Others Patent Privacy Trademark

SpicyIP Weekly Review (November 30- December 6)

by Nikhil Purohit December 7, 2020

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Topical Highlight COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access In this post, Adyasha conducts a thorough analysis of the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals struck with higher-income countries and their implications on the Global South. She first notes the importance of public funding for the fruition of the three vaccines upon which patent protection is being claimed by their respective owners. She then…

Mathews P. George { Dear Mrunmai Thank you for your comments. As I understand, as to check whether a mark is descriptive or not, it has to be seen in the context... }
Mrunmai Tapadia { Cutis biotech, a Nanded based firm, is marketing surface decontaminant, fruit and vegetable wash, and antiseptic products under the name ‘Covishield’. The same brand name is being used... }
Jagdish Sagar { It is certainly necessary to configure, and for the Courts to interpret, the limitations and exceptions to copyright on the basis of empirical experience, and this may be... }
{ Has the tenure of Justice Manmohan Singh been extended post December 31st 2020? }
Jagdish Sagar { Surely a viable solution to this problem would be a statutory licence for users, with suitable guidelines to the IPAB regarding fixation of the fee. Such legislation would... }

De-Coding Indian Intellectual Property Law

Category Archives: Others

SpicyIP Weekly Review (January 4 – 10)

Draft Science, Technology and Innovation Policy Proposes Major Changes to India’s Open Access Culture

Interdigital v. Xiaomi: Confidential Information and Open Courts

SpicyIP Weekly Review (December 28 – January 3)

The Legality of the Appointment of the 5 Technical Members to the IPAB

SpicyIP Weekly Review (December 21 – 27)

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions

SpicyIP Weekly Review (December 14 – 20)

SpicyIP Weekly Review (December 7 – 13)

SpicyIP Weekly Review (November 30- December 6)

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