Copyright Drug Regulation Geographical Indication Others Patent Trade Secret Trademark

SpicyIP Weekly Review (November 1- November 7, 2022)

Dear readers, as you may have noticed, after a bit of a slowdown, SpicyIP is once again picking up steam and we will be looking to bring you the spicy IP updates that you have been used to! On that note, SpicyIP is happy to let our readers know that we’re restarting our weekly reviews. The weekly reviews will consist of short reviews of the past week’s blogposts, as well as caselaw from the previous week that we have been…

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Copyright Innovation Others Overlaps in IP

Announcing the Winners of the 3rd Shamnad Basheer Essay Competition on IP Law!

A picture of Prof Shamnad Basheer

We are very happy to announce the results of the 3rd Shamnad Basheer Essay Competition on IP Law! The annual essay competition was earlier announced on 14 May 2022,on the occasion of Shamnad‘s 46th birth anniversary. Like previous years, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. And encouraged participants to draw inspiration from Shamnad’s scholarship. We received several excellent submissions across a various…

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Opportunities Publication

Call for Blog Posts: NLSIU’s Indian Journal of International Economic Law Blog [Submission on rolling basis]

We are pleased to announce that NLSIU’s Indian Journal of International Economic Law (“IJIEL”)’ Blog is inviting blog posts on a rolling basis. For further details, please read the call for blog posts below: IJIEL Blog: Call for Submissions on a Rolling Basis The Indian Journal of International Economic Law (“IJIEL”), the flagship international economic law journal of the National Law School of India University, is pleased to call for blogs on a rolling basis. About us We are a…

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Copyright Drug Regulation Patent Trade Secret Trademark

Leaked Draft of IP Chapter of India UK FTA Shows Ridiculous TRIPS plus norms in Negotiating Text

India’s negotiations for a new Free Trade Agreement (FTA) with the UK has been the talk of the town for a better part of 2022. From the widely popularized Diwali deadline, agreed by Prime Minister (s) Modi and Johnson, to the controversial comments by the UK Home Secretary Braverman on Indians overstaying their visas, the FTA negotiations have constantly been in the news. However, in the surrounding talk of progress and supposed benefits of the FTA, coverage of contentious issues…

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Opportunities Patent

Course on Access to Medicines, TRIPS and Patents [Kochi, December 10-14]

We are pleased to inform you that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), and Third World Network are organising a five-day course/workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ from December 10- 14 in Kochi, Kerala. The deadline for applications is November 10, 2022. For further details, please see the announcement below: Course on Access to Medicines, TRIPS and Patents “Inter-University Centre for IPR Studies (IUCIPRS), Cochin University…

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DHC: Non-filing of Written Submissions by Applicant Cannot be Used to Delay Patent Application Processing

Last week, the Delhi High Court pronounced a decision rebuking a patent applicant for causing unnecessary delays in the patent application process by seeking repeated adjournments and not filing written submissions on time. In the case of FMC Corporation v. The Controller of Patents, a single-judge bench of the Delhi High Court observed that the patent applicant, FMC Corporation was delaying the processing of their patent application by not submitting their written submissions within the timeline prescribed by the Patents…

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DHC Holds Identifying ‘Known Substance’ a Necessity for Section 3(d) Objections

Last month, the Delhi High Court in the case of DS Biopharma Limited v. The Controller of Patents and Designs clarified the procedural requirements to be met for the application of Section 3(d) of the Patents Act against pharmaceutical patent applications. Briefly, the case concerned an appeal from DS Biopharma under Section 117A of the Patents Act challenging an order passed by the Assistant Controller of Patents & Designs in relation to a pharmaceutical composition. The Controller had initially raised…

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Audio Books v. Audio Summaries: Delhi HC and Copyright Implications

[This post has been co-authored with Lokesh Vyas] As reported on Entrackr, Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. The matter is still being heard. While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has…

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The Various Intricacies of Passing Off: Examining the DHC Order in Akash Aggarwal v Flipkart

We’re pleased to bring you a guest post by Kartik Sharma and Aditya Singh analysing a recent order by the Delhi High Court involving passing off. Kartik and Aditya are 2nd year students at NLSIU, Bengaluru, and had earlier written for us on the Calcutta High Court’s decision in a matter involving Amul’s trademark, here. The Various Intricacies of Passing Off: Examining the DHC Order in Akash Aggarwal v Flipkart Kartik Sharma and Aditya Singh A very salient legal development…

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Drug Regulation Overlaps in IP Patent Trade Secret

IP Reveries: Class 5.1 – Drugs, Secrets, and Innovation: Brooding Over The Basics

Prof Antilegend’s classes are back! After a few sessions on conceptual and theoretical ideas around IP, this set of sessions will now take the class on a different not-so-theoretical topic and deliberates upon IP issues that crop up around clinical trial test data, drug innovation, Indian drug regulatory regulation etc. If this is your first time coming across the IP Reveries series, you can see what its about as well as get links to our previous classes in the introductory…

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