Copyright

FIR against ShareChat for Copyright Infringement: Time to Introspect the ‘Safe Harbour’ Provision?

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We’re pleased to bring to you a guest post by Priyanka Joshi, examining the liability of platforms like ShareChat for copyright infringement in view of the recent dispute between ShareChat and Lahiri Recording Company. Priyanka is the General Secretary at The Indian Music Industry (IMI), an association representing Indian music record companies. FIR against ShareChat for Copyright Infringement: Time to Introspect the ‘Safe Harbour’ Provision? Priyanka Joshi A few weeks ago, the Yashwantpura Police Station in Bengaluru registered an FIR against…


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SpicyIP Weekly Review (March 30 – April 5)

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(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlights Divij wrote on the voluntary initiatives undertaken across the world for facilitating improved access to COVID-19 related IP. First, he provides insight into the ‘Open Covid Pledge’, which aims to grant a ‘royalty-free patent licence’ for any entity to adopt, in order to end or minimize the impact of COVID-19. However, he notes the uncertainty surrounding the position of licensed IP…


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SpicyIP Announcements: PatSeer’s Hackathon to Beat COVID-19

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We’re glad to inform you that PatSeer has undertaken an initiative to assist anyone working or researching on medical devices, vaccines or drugs to combat COVID-19, free of cost. For further details, please read the announcement below: PatSeer’s Hackathon to Beat COVID-19 We are running an initiative to beat COVID-19, in it we will help anyone working / researching on medical devices, vaccines or drugs to combat COVID-19. To fast-track your ongoing research, we will work with the information professional…


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Overlaps in IP Patent

Can Patents and Trade Secrets Co-exist? : Delhi High Court Answers in the Negative

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We’re pleased to bring to you a post by Aditya Gupta on the Delhi High Court’s recent decision on the interplay between trade secrets and patents. Aditya is an attorney at Ira Law. He graduated from National Law University, Jodhpur and then pursued a master’s in law from Harvard Law School. Before co-founding Ira Law, he was part of another law firm for 7 years and then an associate at the chambers of Mr. Amit Sibal. Can Patents and Trade…


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A Weak Case against America’s Suspension of GSP Benefits for India?

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I read with interest, and some puzzlement, Srividya’s speedy rebuttal to my post yesterday where she examines America’s case for suspending GSP benefits. It is in keeping with a tradition that we have where I write a piece and she responds to a couple of lines from my piece. Please click here for the previous edition. I am not quite sure how we went from discussing Bayer’s licensing woes to COVID-19 and food shortages but since the door has been…


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Examining the Suspension of India’s GSP Trading Privileges

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A post earlier today by Prashant looked at the axing of royalties paid by around 45 seed companies to Bayer (which acquired Monstanto) for its Bt technology, through an order under the Essential Commodities Act. In the post, among other things, he also points out that India’s use of price control under the Essential Commodities Act for medical devices led to the suspension of its GSP trading privileges. We’re very pleased to share a quick follow-up guest post by Prof….


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Trademark

Generic Domain Names as Trademarks: Registrability and Enforcement

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We’re pleased to bring to you an insightful post by Raunaq Kamath on the discrepancy in registration and the subsequent enforcement of generic words as domain names and trademarks. Raunaq is an attorney at Ira Law. Generic Domain Names as Trademarks: Registrability and Enforcement Raunaq Kamath Domain names are a commodity, and a valuable one at that. For instance, cars.com is said to have been valued at a whopping USD 872 million. According to GoDaddy, the 5 most expensive domain…


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COVID-19 Trademark

Corona and Trademarks: Opportunistic Marketing or Unhealthy Opportunism?

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We’re pleased to bring to you an interesting and pertinent post by our intern, Bhavik Shukla, analysing the trademark related issues thrown up by the COVID-19 pandemic. Bhavik is a 5th year student at NLIU, Bhopal. Corona and Trademarks: Opportunistic Marketing or Unhealthy Opportunism? Bhavik Shukla The COVID-19 pandemic has wreaked havoc across the world, with countries constantly battling to prevent new infections and cure the existing ones. Even in such economically and socially constipated times, some people try to…


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Patent

End of the Road for Bt Licensing Royalties in India

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Reuters recently reported that the Government of India has “axed” the royalties that over 45 Indian seed companies had to pay Bayer (which acquired Monsanto) under IP licensing agreements which have been the centre of a massive legal dispute between Monsanto (before its acquisition by Bayer) and Nuziveedu (one of India’s biggest seed companies) for the last five years. For years, the Bt licensing agreements have earned Monsanto a fortune. While I don’t have the figures readily at hand, a…


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COVID-19 Data Exclusivity Patent

CoViD-19 Pandemic Spurs Calls for ‘Openness’ in IP

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Corona covid 19

The CoViD-19 pandemic may well be humanity’s biggest collective challenge in a post-globalisation era. In the midst of this global emergency, the artificial scarcity produced by international and domestic intellectual property laws and norms is revealing itself to be a scourge to public health systems around the world – from restraining drug research and development to denying access to medical devices. The responses of various stakeholders will certainly have an immediate impact on CoViD-19 related public health responses, but its…


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