Category Archives: Others

Others

SpicyIP Weekly Review (October 15 – 21)


Our topical highlight for the week was a guest post from Rishabh Anjay Mohnot, who covered the recent decision of the Madreas HC in Mannivanan v. IPAB & Ors. on this blog. The Madras HC dismissed a writ petition filed against the dismissal of the petitioner’s patent revocation application by the IPAB. Rishabh notes that the Madras HC, while arguably coming to the correct conclusion in the case, failed to consider important aspects of a revocation claim, including the impact…


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Others

Judging Judges: Rule of Reason?


In an opinion piece for the Hindu, I reflect on one of the most monumental milestones ever in Indian legal history. Namely the opening up of our judicial “collegium” and its secretive decision making processes to the public eye. Given the secrecy with which Collegium decisions/deliberations were shrouded for over two decades now, this is nothing short of revolutionary! Unfortunately, this new transparency notwithstanding, we are still left in the dark as to the “metric” used for measuring judicial “merit”….


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Others

SpicyIP Weekly Review (October 8-14)


This week’s topical highlight was Rajiv’s post on Quickcompany, an exciting new venture in the IP field. Quickcompany has collated all trade mark related data in India, and offers users the ability to undertake a variety of TM-related searches. It has also generated a report tracking trends in filings and registrations, and right holder preferences between 2008 and 2017 (till the month of July). Rajiv, in his post, has included said results, which make for very interesting reading. The thematic highlight for…


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Others

Launch of a Book on ASEAN IP, ‘International Intellectual Property and the ASEAN Way: Pathways to Interoperability’


We are happy to bring to our readers a short blurb on a new book on ASEAN IP, ‘International Intellectual Property and the ASEAN Way: Pathways to Interoperability’, that has been edited by Prof. Elizabeth Siew-Kuan Ng of National University of Singapore and Prof. Graeme Austin of Victoria University of Wellington. The book was launched at the EW Barker Centre for Law and Business at the National University of Singapore on 19th September, 2017. “ASEAN IP Interoperability” – A New Paradigm…


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Others Patent

Fun Patent Playing Cards for the Art and Patent Buffs!


Trust the patent buffs to explore novelty in places where others are unlikely to see it. One can also count on them to tide over the obvious to put it to use on a wide scale. Kevin Prince, a patent agent and author, has come up with the wonderful idea to have playing cards with patent illustrations in them. As Kevin has noted here, although the patent drawings/illustrations form an integral part of the patent applications, the artists who come…


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Copyright Others

Part II: Union of India v. BCCI – ‘Doosra’ from the Supreme Court on Broadcast of Cricket Matches by Prasar Bharti


In Part I, I had discussed the legal framework and the background in which the dispute between Prasar Bharti and the BCCI and Star India/ESPN arose. In Part II of this two-part past, I examine the recent decision of the Supreme Court. Interpreting S. 3, Sports Act, 2007 The appellants’ main argument was to urge the Supreme Court to take a purposive view of the law. As noted in Part I, the objective of the Prasar Bharti, under the Prasar…


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Copyright Others

Part I: Union of India v. BCCI – ‘Doosra’ From The Supreme Court on Broadcast of Cricket Matches by Prasar Bharti


On August 22, 2017, the Supreme Court brought to a conclusion a long-running dispute between Prasar Bharti, and the BCCI and its licensees on the issue of re-transmission of live feeds of cricket matches. In Part I of this two-part post, I discuss the legal framework that applies, and the background in which the dispute arose. In Part II, I examine the Supreme Court’s decision. India’s multi-billion dollar cricket industry thrives primarily on the advertisement revenue it rakes in from…


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Others

SpicyIP Weekly Review (October 1-7)


Divij brought this week’s topical highlight through his post on the recent case of Icon Health v. Sheriff Usman. In this case, the Delhi HC held that the presence of the defendant’s goods on intermediary platforms such as Amazon, is enough to establish the court’s territorial jurisdiction. After briefly taking us through the facts and contentions, Divij notes that the Court has adopted a flawed reasoning for the above – especially in view of existing precedent laid down by the SC. Finally,…


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Others

SpicyIP Weekly Review (September 24-30)


Thematic Highlight Harshavardhan came up with an entertaining post on the recent controversy surrounding the title of the Tamil film “Mersal“. The problem arose because another producer registered a variant of the title with the writer’s association, but the producer of “Mersal” trade marked it later. Using the interesting narrative technique of a drama, he brought some fishy facts to light. Even if the topic doesn’t interest you much, I would recommend this piece purely for the narrative style and…


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Others

SpicyIP Weekly Review (September 10 – 23)


The thematic highlight for this fortnight was Prashant’s post in response to a recent article by Professor Lawrence Liang on the DU Photocopy Case, almost one year since it was decreed. Prashant, who has previously critiqued the judgment in some incisive pieces on this blog, challenges certain premises on which the article celebrates the Delhi High Court’s judgment, including jurisprudence on whether copyright is a statutory or a natural right, as well as the history and effect of the Stockholm Convention Protocol Regarding Developing Countries. One year after…


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