Category Archives: Others

Others Traditional Knowledge

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles?

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We’re pleased to bring to you another guest post by our fellowship applicant Adyasha Samal, discussing the problems with the approach of protecting traditional cultural expressions (TCEs) under existing IP regimes, using hairstyles as an example of a widely appropriated TCE. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her second submission for the Fellowship. Her previous guest post can be viewed here.   Cornrows and Cultural Appropriation: What is the Best Way to…


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Copyright Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (July 6 – 12)

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Topical Highlight Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles In a guest post, Abhishek Iyer discussed the issue of intermediary liability in light of the Telegram copyright infringement case. The post first discusses the burden of knowledge with respect to e-notices to understand Telegram’s liability given the requirement of ‘specific and actual knowledge’ of intermediaries with respect to infringement of copyrighted material. The doctrine of inducement used in US Courts is discussed to determine Telegram’s…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (June 29 – July 5)

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[This post has been authored by Rishabh Joshi, a 4th year student at Gujarat National Law University (GNLU), Gandhinagar.] Topical Highlights Nationalism, Drugs and Public Interest – Remdesivir and Beyond Swaraj highlights how nationalism can hinder public health in light of the ‘drug hoarding’ (Remdesivir) by the United States. He first starts by talking about how Remdesivir is not the most effective treatment for the COVID-19 virus as the improvement rate is not so high. He briefly discusses the intermingling…


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Copyright Others

A Look at the WTO Panel Report in ‘Saudi Arabia- Measures Concerning the Protection of Intellectual Property Rights’

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Photo of Jay Manoj Sanklecha

Football fans may be aware of the joint statement last year by various sports bodies including Fifa, LaLiga, Premier League, and others, against the Saudi Arabia based beoutQ broadcaster for their unauthorized streaming of content on a commercial scale, as well as their (i.e., the copyright holders) inability to obtain legal counsel in Saudi Arabia in this matter, among other issues. In the meanwhile, Qatar had taken this matter to the WTO, and on 16th June 2020, the WTO Panel…


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Comparative Advertising Copyright Others Patent Trademark

SpicyIP Weekly Review (June 22 – 28)

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Topical Highlight To Mock the Corona Word: Disparaging During the Time of Crisis In a post co-authored with Praharsh Gour, Swaraj wrote about disparagement of the famous beer brand ‘Corona’ given its resemblance to the ongoing pandemic in the context of the Cerveciria Modelo De Mexico v. Whiskin Spirits case. Analyzing the order, it is noted that the Court has not recorded its assessment of the advertisement in granting the ex-parte interim injunction. The post goes on to highlight that…


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Copyright Others Patent Publication Trademark

Open Access IP Textbooks – or – Mythical IP Books and Where to Find Them

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Image showing various 'Open' related logos, with text "IP Textbooks. It's always Open Access O'Clock. Download and Enjoy"

Despite the high educational value that exists when tomes of writing are dedicated to very specific areas, textbooks are often no longer treated like the powerhouses of knowledge that they were once known to be. Especially given the plethora of other mediums over which that knowledge is now available – journal articles, niche websites, blogs, podcasts, online forums, social media, etc. The reasons for this are of course varied. In a fast evolving field like intellectual property, classic textbooks may…


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Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (June 15 – 21)

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Topical Highlights Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Divij wrote on the matter of Dainik Jagran suing Telegram for copyright infringement for the circulation of ‘e-papers’ through open Telegram Channels. He analyzes the order that granted an interim injunction in the case of Jagran Prakashan Limited v. Telegram that directed Telegram to provide information about the subscribers/ owners of certain Telegram Channels that were allegedly circulating…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (June 8 – 14)

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[This post has been authored by our new intern, Vedanigini Bisht, a 3rd year student at National Law University, Delhi] Topical Highlight Government Copyright over Bare Acts: India’s Georgia et al Moment on the Horizon? Balu discussed the case of  Arpit Bhargava v. Union of India and Anr. which has now come up before the Supreme Court. He notes that the appellants arguments regarding accessibility and copyright issue are misplaced. The Appellant’s prayer for accessibility is being addressed by the Delhi…


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Copyright Innovation Others Patent

SpicyIP Weekly Review (June 1 – 7)

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[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Bombay High Court Finds Web Series ‘Singardaan’ Prima Facie Infringing: Does Copyright Law Protect Themes of Stories? Arun covered the decision of the Bombay HC in Shamoil Ahmad Khan v. Falguni Shah, wherein the Defendants were temporarily restrained from making further adaptations or using their web series. He notes that the Court applied a distinct ‘abstraction’ process to compare the Parties’…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (May 25 – 31)

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[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Are Patent Pools an Effective Solution to COVID-19’s IP Barriers? Through an interesting post, Namratha wrote about the effectiveness of patent pools in evading IP barriers to fight COVID-19. She begins by elaborating upon the various initiatives undertaken by organizations to promote collaborative research. Giving an insight into the industry practice of creation of patent pools, she argues that patent pools…


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