Category Archives: Others

Others

SpicyIP Weekly Review (April 15-21)


In a guest post, Shalini Bhutani argues that the Protection of Plant Varieties and Farmers Rights Act 2001 is likely to have a detrimental impact on the well being of farmers. She highlights the recent string of  lawsuits filed by PepsiCo India, asserting breeder rights in varieties of potatoes against farmers in Gujarat, to caution that the pro-farmer aspects of the legislation could be in serious threat. SpicyIP Events Pankhuri informed us of the 2019 WIPO-UNIGE Summer School that will…


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Others

SpicyIP Events: 2019 WIPO-UNIGE Summer School in Geneva in June! [June 24-July 5]


We’re pleased to inform you that the 2019 WIPO-UNIGE Summer School will be conducted in Geneva from June 24 to July 5, 2019. The deadline for applications is May 15, 2019. For further details, please read the announcement below. 2019 WIPO-UNIGE Summer School in Geneva in June! Interested in spanning the IP Globe in 2019? Join the WIPO-UNIGE Summer School in Geneva! The Summer School, this year in its 9th edition, gathers each year participants from around the world with…


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Others

SpicyIP Weekly Review (April 8-14)


Topical Highlight Divij wrote a post on India’s first ‘dynamic’ website blocking injunction, issued by the Delhi High Court. This order allows for the plaintiff to apply for the extension of an injunction to ‘mirror/redirect/alphanumeric’ websites (that contain the same content as the original prohibited website) to the Joint Registrar of the Delhi High Court. Thematic Highlight I wrote a post on the nature of orders and quorum requirements at the IPAB, in light of the orders passed despite continued…


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Others Trademark

The Nature of Orders and Quorum Requirements at the IPAB (Part I)


In January, I had written a brief post alleging the illegality of the hearings conducted and the orders passed by the IPAB. I had argued that the IPAB had violated the law because it failed to meet the quorum requirements under provisions of the Trade Marks Act, 1999 read with the IPAB (Procedure) Rules, 2003 (‘quorum requirements’) when conducting hearings and passing orders. Since the retirement of Technical Member Sanjeev Kumar Chaswal on December 5, 2018, the IPAB has remained…


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Others

SpicyIP Weekly Review (1-7 April)


Thematic Highlight  I had written a two-part post on the Notice on Plant Breeders’ Rights. In the first post, I examined the history of seed price control orders in India and the main highlights of the Notice and the controversial relation between the Patents Act and the Plant Varieties  Act in relation to Monsanto’s dispute with Indian seed companies. In my post, I conclude that both the legislations co-exist harmoniously. In the follow-up post, I examine the the clash between the Central…


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Others

SpicyIP Weekly Review (March 25-31)


Prarthana wrote a post on the recent ‘green order’ passed by Justice Najmi Waziri of the Delhi High Court. While the case concerned the dilution of a trademark used for the sale of a particular diabetes drug, the noteworthy aspect of the judgment is the order that required the respondent to plant 1,40,000 trees in Delhi. Prarthana analyses the law relating to costs, and questions the validity of such an order being passed, given that the trees were not a…


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Others

On the Delhi High Court’s “Green” Order


In a recent order, Justice Najmi Waziri of the Delhi High Court imposed a cost of Rs. 80 lakhs on the respondent party. Stating that the sum ought to be utilised for the larger public good, he went on to order the respondents to plant a large number of trees! Factual Background The petitioners have a patent in Sitagliptin (a pharmaceutical composition used to treat diabetes) and sold it under the brand names Januvia and Janumet, amongst other names. The repondent’s…


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Others

SpicyIP Fortnightly Review (March 11-24)


Divij wrote a post on the draft e-commerce policy released by the Department for Promotion of Industry and Internal Trade. In his post, he focusses on the anti-counterfeiting measures to be adopted by e-commerce platforms and how they may adversely affect the freedom of small vendors and marketplaces. He then analyses the anti-piracy measures to be adopted and the suggestion to return to the notice and takedown approach for copyrighted content. He notes that this may lead to a disproportionate…


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Others

University of New Hampshire and Royzz & Co. Partner for a Scholarship for LL.M. Students Specialising in IP Law


We’re pleased to inform our readers that The Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law (UNH) and Royzz & Co. (erstwhile Solomon & Roy) have partnered to offer a scholarship for prospective international LL.M. students specialising in IP Law. The deadline for submitting applications for the scholarship is May 15, 2019. For further details, please read the announcement below: UNH Law-Franklin Pierce and Royzz & Co. Partner for IP Scholarship The Franklin Pierce…


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Others

SpicyIP Weekly Review (March 4-10)


In a guest post, Kartik Puttiah discussed the exclusions under Section 3(j) of the Patent Act in light of the Monsanto case. Specifically, he argues that excluding nucleotide acid sequences based on their use in plants is flawed since this does not constitute an evaluation of the subject matter, but rather its industrial application. He argues, further, that a balance between incentivising inventions in biotechnology and protecting farmers may be achieved by creating an exception for farmers under Section 47,…


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