Publication

2017 Asian Edition of WIPO-WTO Colloquium Research Papers Launched


We are pleased to announce the recent launch of the 2017 and the first Asian edition of the ‘WIPO-WTO Colloquium Research Papers’, a joint publication by the WIPO Academy and the WTO Intellectual Property, Government Procurement and Competition Division. The publication is a compilation of fourteen research papers from the 2017 Regional WIPO-WTO Colloquium for IP Teachers and Scholars in Asia that was held in Singapore in February this year. By way of background, the WIPO-WTO series of annual colloquia for…


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Drug Regulation Others

Part II: Seizure of Medicines In Transit #EU Law, TRIPS, Doha Declaration & GATT


In Part I, we discussed a WHO Discussion Document, along with broad issues at play, regarding seizures of in-transit medicines. Over the course of this post, we will be covering the following: I. The European Union (EU) Law on Seizure of Drugs In-Transit. II. TRIPS, Doha Declaration and the GATT. A thorough introduction to the issue can be found here. The EU Law on Seizure of Drugs In-Transit Understand the EU law is relevant as the majority of reported in-transit seizures…


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Others

SpicyIP Weekly Review (December 17-23)


Merry Christmas to all our readers! We’ve had an exciting week at the blog, with some major developments breaking on the blog: The topical highlight for the week is Prashant’s post on IPRS’s re-registration as a copyright society. This comes in the aftermath of a long and bitter battle for the control over the copyright society and its functioning, polarizing artists and music labels. The registration is the outcome of a reconciliation between the two groups, forged particularly through the…


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Copyright

Does the Copyright Act Stand in the Way of Access to Legislations? : PIL Claims Bare Acts by Private Publishers Infringe Govt’s Copyright


It is no secret that the governments in India, both Union and State, have a dismal record in maintaining an authentic and easy to access database of legislations and judicial/executive decisions. Although things might have marginally improved over the last few years, most of the government websites continue to have a poor track record of collating legislations and judicial/administrative orders coherently. Legislations along with their amendments and connected sub-ordinate legislations are more often than not scattered across different websites and…


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Events

SpicyIP Events: Workshop on Trademark Strategies in Europe, Mumbai


We are happy to announce that Boehmert & Boehmert, Patent Attorneys, Germany will be conducting a workshop on Trademark Registration, Protection and Enforcement in Europe on Monday, January 22, 2018 in Mumbai. For further details, please read the workshop announcement below: Trademark Strategies in Europe: Workshop by Boehmert & Boehmert, Patent & Trademark Attorneys, Munich, Germany This workshop will give you all the recent updates you need to secure, protect and enforce your trademarks in a constantly changing legal environment in Europe with special…


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Copyright

IPRS Gets Re-registered as a Copyright Society – Akhtar & Saregama Bury the Hatchet


The Indian Performing Rights Society (IPRS) has at long last been re-registered as a copyright society, under the Copyright Act, by the Registrar of Copyrights. The re-registration took place on November 28, 2017. As our readers may be aware, IPRS has been ‘ground zero’ for the turmoil and conflict between the authors and the music labels over the control of copyright societies. Originally constituted in 1969, as a company limited by guarantee under the Companies Act, 1956 IPRS was first…


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Trademark

By Invitation: The Delhi High Court Declares Louboutin’s Red Sole As a ‘Well Known Trademark’


The Delhi High Court recently declared Christian Louboutin’s ‘Red sole’ a well known trademark. The decision is rather surprising and is going to once again raise questions about the Delhi High Court’s jurisprudence on well-known trademarks. We invited Eashan Ghosh to write a post for us on the issue. In his post, Eashan conducts a deep dive into the judgment delivered by the Delhi High Court in the ‘Red Sole’ case. He covers the court’s analysis of well known mark…


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Innovation Patent

Are Patents Property: India vs United States


In a recent brief filed before the United States Supreme Court, the US government argued that patents are not property! For those not in the know, this relates to a monumental constitutional challenge (Oil States Energy vs Green’s Energy Group) to a proceeding at the US patent office called the Inter-Partes Review (IPR), where third parties can contest the grant of a patent. A bit similar to our post grant opposition proceeding. Under US law, you cannot divest someone of…


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Publication

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies (Volume 2, Issue 1)


We are pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies [JIPS] is inviting original, unpublished manuscripts for publication in the Summer 2018 Issue of the Journal (Volume 2, Issue 1). The last date for submissions is January 20, 2018. For further details, please read the journal’s call for papers below: Call for Papers : Journal of Intellectual Property Studies The Board of Editors of the Journal of Intellectual Property Studies [JIPS], published under the aegis of National…


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Others

SpicyIP Weekly Review (December 10-16)


Bringing in this week’s thematic highlight, Prateek discussed a recent WHO Discussion Document with respect to seizures of medicines in-transit. The document has reportedly proposed “possible justifications for an intervention on the ground of public health”. Over the course of his post, Prateek deals with the discussion document and some of the primary issues with regard to confiscation of in-transit drugs. He identifies some of these issues as being – restricted access of affordable drugs to developed nations, infringement of…


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