Category Archives: Patent

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We’re pleased to bring you a guest post by Lokesh Vyas on a recent Delhi High Court decision on arbitrability of IP disputes. Lokesh is a 5th year student at Institute of Law, Nirma University, Ahmedabad. He has written for us earlier on the absence of rights of film directors, here. Edit: Readers may also be interested in the post listed in response to this post, here. Hero Electric v. Lectro E-Mobility: Ambiguated Arbitrability of IP Disputes? Lokesh Vyas The…

COVID-19 Drug Regulation Patent

Intellectual Property Rights in Covaxin – Part 1 (Waiver of IPRs)

by Anupriya Dhonchak March 24, 2021

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(This post has been co-authored by Anik Bhaduri and myself. Anik is a fourth year student at NALSAR University of Law, Hyderabad.) A recent piece in the Economic Times argued that the Indian government should buy out the intellectual property rights to Covaxin, to bolster the commitment to its WTO proposal along with South Africa, to waive all IPRs on patents, copyright, industrial design and undisclosed information pertaining to vaccines for Covid-19 (covered previously on the blog here, here and…

SpicyIP Weekly Review (March 15 – 21)

by Nikhil Purohit March 22, 2021

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Topical Highlight Sherlyn Chopra Case- Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies In this post, non-consensual sharing of intimate images or videos from a copyright perspective, in light of the recent case filed against Sherlyn Chopra for sharing obscene content online. She first analyses copyrightability of obscene content. She notes decisions from Israel and England that have used grounds of immorality to deny copyright protection to works. She contrasts this with Indian copyright law where such grounds…

SpicyIP Weekly Review (March 8 – 14)

by Anupriya Dhonchak March 15, 2021

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Topical Highlight The Third to Tango: After Pakistan, Nepal Opposes India’s GI Application for Basmati In this post, Praharsh discusses the implications of Nepal joining Pakistan’s opposition to India’s application for registration of GI over Basmati in the EU. He noted that this could be the first IP dispute between the three South Asian countries. He highlighted three major reasons reported for Nepal’s opposition: 1) Basmati is grown and consumed traditionally in Nepal; 2) Nepal has worked extensively with national and international…

SpicyIP Weekly Review (March 1-7)

by Adyasha Samal March 8, 2021

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Topical Highlight BigBasket and Daily Basket Row – Confusion or Bullying? Anupriya analysed the widely reported ‘cease and desist letter’ sent by BigBasket to Daily Basket alleging infringement of their trademark on the word, ‘Basket.’ She begins by explaining how the term “basket” pretty much indicates grocery business in general. She revisits the Trade Marks Act and a number of cases discussing the spectrum of distinctiveness of a trademark and argues that while comparing marks, it is incorrect to take a…

Patent

Intellectual Property Appellate/Advisory/Adjudicatory Board?

by SpicyIP March 1, 2021

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We are pleased to bring our readers another guest post by Amit Tailor, discussing a recent practice he has observed of the IPAB/Board ‘suggesting’ amendments to patent applicants, and allowing them without concurring with the Controller. The post also goes on to review the statutory vires of this practice. Amit is working as Manager (Sr. Scientist) at Cadila Healthcare Ltd., handling patent drafting, filing & prosecution, FTO, patentability & invalidity mainly. He has an LL.B. from the Faculty of Law,…

SpicyIP Weekly Review (February 22 – 28)

by Nikhil Purohit March 1, 2021

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Thematic Highlight A Draft “Open” IP Syllabus In this post, Swaraj shared the first draft version of an ‘Open’ IP Syllabus that he along with a small team of researchers has worked on in the last few months. The syllabus is aimed to contain materials that are legally and publicly available free of cost and outside of paywalls, touching upon diverse themes concerning intellectual property law. While the completion of the entire syllabus is expected to take some time, this…

A Draft “Open” IP Syllabus

by Swaraj Paul Barooah February 25, 2021

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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 plethora of materials online, any student, researcher or professor would know that access to scholarly information is a lot more difficult than what it should be. Most of the time, if you’re serious about research, the ‘research’ journey is more about how many paywalls you can climb (legally or not so legally), as much as it is about how good the material you can find is. To get around this, many folks rely on plug-ins like UnPayWall and…

SpicyIP Weekly Review (February 15 – 21)

by Anupriya Dhonchak February 22, 2021

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Topical Highlight Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward In this guest post, Justice (Retd.) Prabha Sridevan notes that the Government’s proposal to scrap the IPAB is a welcome change. She argues that the functioning of the IPAB makes the two ostensible reasons for tribunalisation unsustainable: expert insight and speedy justice. She argues that regular courts are also more than capable of eliciting expert opinions, citing multiple cases where this has been done. Further,…

Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward

by SpicyIP February 18, 2021

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We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the recent Bill moved by the Government in the Parliament proposing to shut down IPAB and the way forward. Justice Sridevan needs no introduction – she served as a judge of the Madras High Court from 2000 to 2010 and as the Chairperson of the IPAB from 2011 to 2013 and her stint as both resulted in a number of significant IP developments, which we…

ravi { As a law student, I really enjoyed reading this blog and learned something new. Thank you for sharing this useful information. }
Vasant Savangikar { This is actually a non-issue. If developing countries have, in their Patent Acts, provisions of sections 84 to 94 as are present in Indian Patent Act, for causes... }
Shubham Dhyani { Great Post }
Shobhit { Prashant, have you analysed the territorial jurisdiction of various HCs over pending and new cases which would have gone before IPAB? I think there is a huge miss... }
Guy with a brain, white hair and long beard { I read the article twice but I couldn't quite get the 'lesson' on concentration of judicial power. what was the lesson here? Concentration of judicial power will ultimately... }