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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, …

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UNITAID on Trans-Pacific Partnership Agreement

/ By / Others, Uncategorized

UNITAID, which is hosted and administered by World Health Organisation, in its report titled “The Trans-Pacific Partnership Agreement: Implications for Access to Medicines and Public Health” (“Report”), voiced its opposition against Trans-Pacific Partnership Agreement (“TPPA”) which encapsulates TRIPS plus commitments. TPPA is positioned as a model agreement for future trade agreements including those involving developing countries. According to the Report, such agreements will delay generic market entry and competition which will in turn lead to increased prices of pharmaceuticals and …

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Analysing the AFTI’s Report for the Special 301 Investigation

/ By / Copyright, Patent, Uncategorized

The Alliance for Fair Trade with India (AFTI) submitted a report to the Office of the Trade Representative of the United States as a part of the ongoing Special 301 investigation into India’s IP policies, that they perceive as prejudicial to US nationals. They recommended that India be listed as a Priority Foreign Country (PFC) in the investigation.  A Special 301 report issued under S.301 of the Trade Act of 1974 attempts to identify countries that, “that (a) deny adequate …

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Jurisdiction in a composite suit: A case study

/ By / Copyright, Trademark, Uncategorized

Introduction I intend to examine the law on ‘jurisdiction’ in a composite suit involving Copyright Act, 1957 (“1957 Act”) and the Trade and Merchandise Marks Act, 1958 (“1958 Act”). The contours of the discussion are limited to the recent Supreme Court judgment in M/s. Paragon Rubber Industries (“Plaintiff”) v. M/s. Pragathi Rubber Mills & Ors (“Defendants”) WITH M/s. Pragathi Rubber Mills & Ors v.   M/s. Paragon Rubber Industries (“Instant Judgment”), which was decided on appeals challenging the judgment of the …

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Consilience 2013-2014 at NLSIU, Bangalore

/ By / Uncategorized

Early last month, Shouvik blogged the call for papers of Consilience, 2013-2014 organized by the Law and Technology Committee of NLSIU, Bangalore.  Please read below for the details of the conference and registration. The Law and Technology Society of National Law School of India University, Bangalore is organizing the 6th edition of its flagship Conference ‘Consilience’ on 14th and 15th December, 2013 (Saturday and Sunday) on the theme of ‘Legal Issues pertaining to Cloud Computing’ at NLSIU Campus, Bangalore. The Conference will see some of the best lawyers, jurists and industry leaders …

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SpicyIP Tidbit: Sing along with the Samajwadi Party! “We Didn’t Start the Fire”

/ By / Uncategorized

“Man se hai Mulayam, Aur Irade Loha hai, Irade Loha hai, Man se hai Mulayam” [Sing it to the tune of Billy Joel’s “We Didn’t Start the Fire”!] After a series of long and interesting posts, we have for our readers an entertaining tidbit. As reported, the Samajwadi Party has bought rights to Billy Joel’s “We Didn’t Start the Fire”. SP’s campaign song uses the catchy tune of “We Didn’t Start the Fire” and is repurposed to promote Mulayam Singh …

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Justice Sridevan’s first public criticism of the IPAB after retirement

/ By / Uncategorized

The Hindu today published a candid editorial by Justice Prabha Sridevan lamenting the lack of independence for judicial tribunals like the IPAB. This op-ed is particularly significant because Justice Sridevan used to be the Chairperson of the Intellectual Property Appellate Board (IPAB), until her retirement recently. During her eventful tenure at the IPAB, Justice Sridevan submitted at least two damning reports to the Madras High Court on the lack of resources and the lack of judicial independence at the IPAB. …

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Indo-European Conference on the Role of the Patent System in Fostering Innovation and Technology Transfer

/ By / Others, Uncategorized

  Federation of Indian Chambers of Commerce and Industry (FICCI) in association with the Indian Intellectual Property Office (IPO), European Patent Office (EPO) and the European Business and Technology Centre (EBTC) is organising an Indo-European Conference on the Role of the Patent System in Fostering Innovation and Technology Transfer at Hotel Hyatt Regency Delhi on 29th The objective of the conference is to exchange views, ideas and best practices and to foster closer co-operation between Europe and India in the realm of intellectual property and further develop a …

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Guest Post: Intermediary liability in defamation cases – Parle, Mouthshut & Visakha cases to clarify the law

/ By / Uncategorized

Chaitanya Ramachandran, who has blogged for us previously over hereand here, has sent us this excellent guest post analyzing the extent of intermediary liability in the context of defamation lawsuits. The specific backdrop to this post is first the recent litigation by Parle against Facebook, Twitter & Google, second the problems being faced by Mouthshut.com and third the pending appeal before the Supreme Court against the decision of the Andhra Pradesh High Court where the Court refused to quash criminal …

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Leading IP Academics Fired: Protest Petition Against Unfair Dismissals

/ By / Uncategorized

As many of you now know, two leading figures in Indian IP academia were axed by their whimsical bosses, sending shockwaves across the Indian acadmic community. Swaraj’s earlier post on this notes:   “In a shocking development, LiveLaw reports that as of last month, Professor N.S.Gopalakrishnan (NSG) has been removed as Ministry of Human Resource Development (MHRD) Chair Professor at Cochin University of Science and Technology (CUSAT) without any reason being disclosed.  As those in the IP community would know, Prof Gopalakrishnan …

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