Topical Highlight RMPL Registered as Copyright Society for Sound Recordings: But What about PPL, Transparency, and the Delays? In this post, Nikhil analyses Recorded Music Performance Limited (‘RMPL’) becoming the first copyright society to be granted a registration with respect to sound recordings, nine years after the 2012 amendments to the Copyright Act. He notes that the Phonographic Performance Limited India (‘PPL’) has also been attempting to obtain registration as a copyright society for the same kind of works. He…

The Examination of the Examiner: Analysing the Delhi High Court’s Recent Observations

by SpicyIP June 25, 2021

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We’re pleased to bring to you a guest post by Aditya Mittal, analysing the recent observations made by the Delhi High Court with respect to the procedure followed by the Government in selection of patent examiners. Aditya works in the patents team of a boutique IP law firm, ALG India Law Offices. He pursued B.Tech from Thapar University, Patiala and then LL.B. (IPR hons) from Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. The Examination of the Examiner: Analysing…

Opportunities

Reminder: 2nd Shamnad Basheer Essay Competition on Intellectual Property Law [Submit by July 14]

by SpicyIP June 25, 2021

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On the occasion of our Founder Prof. (Dr.) Shamnad Basheer’s 45th birth anniversary on 14th May, we had announced the second edition of the Shamnad Basheer Essay Competition on Intellectual Property Law to celebrate his memory and his legacy of outstanding scholarship. We wish to remind you that the deadline for submissions for the competition is July 14, 2021 (23:59 IST). The details of the competition are as follows: Eligibility: The competition will be open to students currently enrolled in any…

RMPL Registered as Copyright Society for Sound Recordings: But What about PPL, Transparency, and the Delays?

by Nikhil Purohit June 24, 2021

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Nine years after the 2012 amendments to the Copyright Act, a copyright society has finally been registered by the Central Government for sound recordings! This comes as the Central Government recently granted Recorded Music Performance Limited (‘RMPL’) registration as a copyright society with respect to sound recordings. The application for registration was filed by RMPL in 2018. Notably, the Phonographic Performance Limited India (‘PPL’) has also been attempting to obtain registration as a copyright society for the same kind of…

COVID-19 Opportunities Others

Panel Discussion on ‘Pharma Corporations Demand Indemnity in Lieu of mRNA Vaccine Supply in India: Legal and Ethical Issues’ [June 23]

by SpicyIP June 22, 2021

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We’re pleased to inform you that MSF Access Campaign and the Third World Network is organizing a panel discussion on ‘Pharma Corporations Demand Indemnity in Lieu of mRNA Vaccine Supply in India: Legal and Ethical Issues’ on 23rd June, 2021 (tomorrow) from 4 pm to 5:30 pm (IST). For further details, please see the announcement below. Panel Discussion on ‘Pharma Corporations Demand Indemnity in Lieu of mRNA Vaccine Supply in India: Legal and Ethical Issues’ In the last few months,…

A Guide on Fair Use Cases in India – Part II

by Pankhuri Agarwal June 21, 2021

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A Guide on Fair Use Cases in India – Part II On the World IP Day earlier this year, I’d shared the initial installment of a compilation of all the fair use decisions pronounced by India’s high courts and the Supreme Court under the Copyright Act, 1957 till date. This initial installment compiled the decisions relating to education and research. Today, on the occasion on the World Music Day, pleased to bring you the second installment compiling decisions relating to…

SpicyIP Weekly Review (June 14- 21)

by Nikhil Purohit June 21, 2021

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Topical Highlight Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada? In this post, Adyasha analyses the recent Delhi High Court order temporarily restraining the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). She first summarises the contentions of the two parties and the court’s reasoning. She highlights that the court failed to look at the…

Opportunities Publication

Call for Papers: CNLU’s E-Journal of Academic Innovations & Research on IP Assets (JAIRIPA, Vol. 2, Issue 1) [Submit by August 31]

by SpicyIP June 20, 2021

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We’re pleased to inform you that the Centre for Innovation Research and Facilitation (CIRF) in Intellectual Property for Humanity and Development (IPHD) of Chanakya National Law University, Patna (CNLU) is calling for original and unpublished research papers, for the publication in its e-journal ‘Journal of Academic Innovation & Research in Intellectual Property Assets’ (JAIRIPA). For further details, please see the call for papers below. Call for Papers: CNLU’s E-Journal of Academic Innovations & Research on IP Assets (JAIRIPA, Vol. 2,…

Patent Publication

Book Review: Patent Law Cases and Materials – A Synthesis for India

by SpicyIP June 17, 2021

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We’re pleased to bring our readers a book review of Adarsh Ramanujan’s recent book titled ‘Patent Law Cases and Materials – A Synthesis for India’, first published in September 2020. The book is available here (amazon affiliate link). The author of the review is Dr. Feroz Ali Khader. Dr. Feroz Ali is the author of ‘The Law of Patents – With a Special Focus on Pharmaceuticals in India’ (LexisNexis, 2007) and a visiting faculty at the National Law School of…

Trademark

Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada?

by Adyasha Samal June 16, 2021

2 Comments

Recently, in what appeared to be a rather conspicuous case of identical names, the Delhi High Court temporarily restrained the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). ‘Singh’ is not only an extremely common surname in India, it is also prevalent among legal practitioners. Expectably, this was not the first time it featured in a trademark dispute for legal…

Pro Patent { I have seen many cases where examiners raises mechanical objections when it comes to asking applicant to mention source and origin of biological resource & asking NBA permission... }
Murti Poolla { 1. I would pray where is the word “Research” defined in any of our Indian Acts. Also, in any Acts of Foreign Countries like US, UK and EU... }
Samrat { Well-noted. Instead of the moralistic position taken by the patent office, the more appropriate approach would be to ascertain whether the innovation is less harmful than the tobacco... }
Dr Kadam Avinash { Hi Kapilji! Can a licensee files for trade mark in the same on its own ? There is a Technology and IP lies with the institutions. There are... }
Ayushman Kheterpal { It might be interesting to consider whether "mode or principle of construction" or "mere mechanical device" exclusion in the Section 2 (d) of the Designs Act has the... }

De-Coding Indian Intellectual Property Law

SpicyIP Weekly Review (June 21 – 27)

The Examination of the Examiner: Analysing the Delhi High Court’s Recent Observations

Reminder: 2nd Shamnad Basheer Essay Competition on Intellectual Property Law [Submit by July 14]

RMPL Registered as Copyright Society for Sound Recordings: But What about PPL, Transparency, and the Delays?

Panel Discussion on ‘Pharma Corporations Demand Indemnity in Lieu of mRNA Vaccine Supply in India: Legal and Ethical Issues’ [June 23]

A Guide on Fair Use Cases in India – Part II

SpicyIP Weekly Review (June 14- 21)

Call for Papers: CNLU’s E-Journal of Academic Innovations & Research on IP Assets (JAIRIPA, Vol. 2, Issue 1) [Submit by August 31]

Book Review: Patent Law Cases and Materials – A Synthesis for India

Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada?