Plant Variety Protection

SpicyIP Weekly Review (November 29- December 5)

/ By / Opportunities, Patent, Plant Variety Protection, Publication, Trademark

We bring you a number of IP updates this week!  This time we have quick summaries of 2 blogposts and 2 opportunities, followed by case summaries of 30 court orders and decisions and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights  of the Week SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts. We discussed …

SpicyIP Weekly Review (November 29- December 5) Read More »

Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection

/ By / Plant Variety Protection

We’re pleased to bring to you a guest post by Arun Mohan on the recent order by the PPV & FR Authority dated 03.12.2021 in the “revocation application relating to FL 2027- Kavita Kuruganti”. Arun has been a regular guest blogger for SpicyIP and you can find his bio and posts here and here. Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection Arun Mohan The recent order of the Protection of Plant Varieties and Farmers Rights …

Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection Read More »

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB

/ By / Copyright, Design, Geographical Indication, Patent, Plant Variety Protection, Trademark

One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB. At the outset, let me clarify, I am in no way against the idea of having a dedicated IP court, which will ensure timely disposal of …

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB Read More »

generic stock photo

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System

/ By / Copyright, Geographical Indication, Patent, Plant Variety Protection, Trade Secret, Trademark, Traditional Knowledge

As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report …

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System Read More »

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division

/ By / Copyright, Design, Geographical Indication, Patent, Plant Variety Protection, Trademark

In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet, the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C. Hari Shankar and Justice Sanjeev Narula. (pg 9) The court is in the process of formulating comprehensive rules for this division. As you may recall, …

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Read More »

The Compilation of the Decade of SpicyIP Posts on IPAB

/ By / Copyright, Geographical Indication, Patent, Plant Variety Protection, Trademark

[Co-authored/compiled with Praharsh Gour]  Earlier this week, Praharsh blogged about the IPAB finally being scrapped through an ordinance, with its powers / duties transferred to High Courts and Commercial courts (for copyright matters). Long time readers may recall that Prof Shamnad Basheer, after pointing out various issues with it, had first started asking for the IPAB to be shut down 11 years ago, in this post titled “Pondering the legal competence of the IPAB”. Note the following lines – more …

The Compilation of the Decade of SpicyIP Posts on IPAB Read More »

Breaking: President Promulgates Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

/ By / Copyright, Design, Geographical Indication, Patent, Plant Variety Protection, Trademark, Uncategorized

IPAB has been in the eye of the storm since its inception. While there are ardent believers of the institution (See here and here), there are equally strong arguments by the ones against it (few of them advanced by the former Chairperson of the institution itself!) (See here here and here). A few months ago, the Executive seemingly laid the debate to rest by introducing the Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposing to scrap IPAB. However, …

Breaking: President Promulgates Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 Read More »

Justice Manmohan Singh Holds Hearings at IPAB Despite Supreme Court Ruling

/ By / Copyright, Geographical Indication, Patent, Plant Variety Protection, Trademark

Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement (pdf) expressly noted that the tenure of the incumbent Chairperson ended on 21.09.2019 and further rejected the notion that the incumbent must remain as the …

Justice Manmohan Singh Holds Hearings at IPAB Despite Supreme Court Ruling Read More »

Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson

/ By / Others, Plant Variety Protection

Hitting the (seemingly) final nail and ending the trail of extension requests, the Supreme Court via its order yesterday (12/02/2021 (pdf) ) dismissed the application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was filed by the AIPPI (aka the International Association for the Protection of Intellectual Property) and was a part of a writ petition which was disposed of by the court after tagging it to Madras High Court Bar Association decision. …

Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson Read More »

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

/ By / Copyright, Geographical Indication, Others, Patent, Plant Variety Protection, Trademark

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 …

The Legality of the Appointment of the 5 Technical Members to the IPAB Read More »

Scroll to Top