Category Archives: Trade Secret

Copyright Geographical Indication Patent Plant Variety Protection Trade Secret Trademark

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

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….

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Competition Law Copyright Privacy Trade Secret

Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part II

In Part I of this post, I highlighted the possible copyright and trade secret protection over the data mandated to be shared under the Revised Non-Personal Data (NPD) Governance Framework (the Report/Revised Report), and how the Report either overlooks or misunderstands these possible IP protections. In this part, I discuss the shortcomings in the Revised Report’s justifications for overriding IP protection and other rights over NPD. I also briefly explore alternatives to the Report’s heavy-handed regulatory architecture by turning to…

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Competition Law Copyright Data Exclusivity Privacy Trade Secret

Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part I

The Committee of Experts on Non-Personal Data (NPD) Governance Framework headed by Kris Gopalakrishnan, constituted by the Ministry of Electronics and Information Technology had released its first Report in July, 2020. I had written about the Report for SpicyIP here. In December last year, a revised Report (“the Report/Revised Report” hereinafter) was released by the Committee with the goal of unlocking economic benefit from non-personal data, creating a data sharing framework, establishing community-based rights over NPD and addressing potential harms to privacy…

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Others Patent Trade Secret

Interdigital v. Xiaomi: Confidential Information and Open Courts

In this post on the recent Delhi High Court order in Interdigital v. Xiaomi, I highlight how the common practice of courts granting confidentiality in commercial litigation without much reasoning does not augur well for transparency, judicial accountability and the citizens’ right to be informed of Court processes and reasoning as part of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. The Public’s Right to Know The Delhi High Court’s order…

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Patent Trade Secret

Interdigital v. Xiaomi: Relevance for Defendant’s Rights beyond SEP Litigation

Recently, Nikhil covered InterDigital’s ongoing SEP (Standard Essential Patents) infringement dispute with Xiaomi, wherein a Confidentiality Club was proposed for sharing confidential documents to assess whether the licensing terms being offered by InterDigital were on FRAND (fair, reasonable and non-discriminatory) basis. The Delhi High Court in its recent order in the case rejected the plaintiff’s proposal to restrict access to certain confidential information from the defendant’s representatives, and to make it subject only to external eyes. In this post, I discuss the relevance…

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Copyright Geographical Indication Patent Trade Secret Trademark

A Look Back at India’s Top IP Developments of 2020

(This post has been co-authored with SpicyIP Fellows Adyasha Samal, Anupriya Dhonchak and Nikhil Purohit.) Here’s wishing all our readers a very happy, safe and healthy new year! Unfortunately, many traditions worldwide had to be broken the past year, but here at SpicyIP we’re glad to continue our annual tradition of recounting all the significant developments that impacted the Indian IP landscape in 2020. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top…

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Copyright COVID-19 Design Patent Trade Secret

India on TRIPS Waiver: Will WTO Pass the Test of Humanity?

Pic of the game Cards Against Humanity

India, through its Ambassador and Permanent Representative at the WTO, delivered a short but strong statement at the WTO TRIPS General Council Meeting held between 16-18th December, 2020, on the on-going TRIPS waiver proposal. (context here for those unaware of the waiver proposal – in brief, South Africa and India proposed a waiver for the WTO TRIPS provisions that relate to, i.e., restrict, vaccines, treatment options, etc for Covid-19, for the duration of the pandemic). Pointing out that making the…

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Copyright Geographical Indication Innovation Others Patent Trade Secret Trademark

SpicyIP Weekly Review (December 7 – 13)

Thematic Highlight Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I) In Part I of this 2-part guest post, Akshat Agarwal analyses the ‘incentive/compensation’ structure actually in place for artists in India as well as its consequences. He lucidly explains that artists receive only a small proportion of revenue earned by music streaming services. He then highlights a deeper issue that enables a few oligopolistic players to capitalize on their monetary privilege…

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Event Opportunities Trade Secret

NUJS International Webinar on Trade Secret as a Momentous Asset [December 12]

We’re pleased to inform you that MHRD IPR Chair, NUJS, in association with the IPThink – Tank is organising an international webinar on ‘Trade Secret as a Momentous Asset’ on 12th December at 2:30 PM IST (10 AM CET). For further details, please see the announcement below: NUJS International Webinar on Trade Secret as a Momentous Asset December 12 | 2:30 PM (IST) 10 AM (CET) Trade secrets are a very important part of any IP portfolio. It is no…

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Copyright COVID-19 Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II

In the first part of this two-part post, I assessed the joint statement proposed by South Africa and India for waiver of certain key provisions of TRIPS. Following the joint statement, 379 NGOs and members of civil societies wrote to WTO, in support of the waiver. On the day of the meeting, the proposal attracted the support of a large number of developing countries and LDCs, notably Tanzania, Chad, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina,…

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