Topical Highlight National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I In this post, Anupriya reviews the copyright guide brought out by the National Digital Library of India (‘NDLI’) for Indian libraries for which comments were sought till September 30, 2020. At the outset she notes that the introduction to the guide should contain greater reference to user rights and the important role of libraries in furthering access. She then notes the unclear position of the Copyright…

Patent

Chinese Court Issues Anti-Suit Injunction Re Pending Delhi HC Case by InterDigital against Xiaomi

by SpicyIP October 3, 2020

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing the implications of a recent Chinese Court order granting an anti-suit injunction against InterDigital in respect of patent infringement proceedings against Xiaomi in the Delhi High Court and InterDigital’s anti-anti-suit injunction application filed against Xiaomi before the Delhi High Court response to this order. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology…

Courses & Workshops Opportunities

Free Online Course on Intellectual Property [Register by October 14, 2020]

by SpicyIP October 2, 2020

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We’re pleased to inform you that a free online course on intellectual property is being offered for students on the e-learning platform SWAYAM by Yogesh Pai, Assistant Professor of Law, Coordinator of IPR Chair and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University, Delhi. For further details, please see the announcement below: Join the Online Course on Intellectual Property Title: SWAYAM (Free) Course ‘Intellectual Property’ About the Course: The course is launched on the…

Copyright Doctrine of Conceptual Separability: Separating the Artistic from the Utilitarian

by SpicyIP October 1, 2020

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We’re pleased to bring to you a guest post by Varsha Jhavar, discussing the legal position on the conceptual separability doctrine, which allows copyright protection of artistic features of a useful article if they can be conceptually separated from the utilitarian aspects of the article, in United States (US) and India. Varsha is a 5th year student at Hidayatullah National Law University (HNLU), Raipur. She recently won the second prize for 1st Shamnad Basheer Essay Competition on IP Law that…

COVID-19 Patent

The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic?

by Swaraj Paul Barooah September 30, 2020

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Meme frowning at the statement "Patent Rights devoid of socio-economic context", and smiling at the line "Patent rights part of social-bargain with public"

[This post was co-authored by Varsha Jhavar and myself. Varsha is a 5th year student at Hidayatullah National Law University, Raipur. She recently won the second prize for 1st Shamnad Basheer Essay Competition on IP Law that was conducted by us earlier this year. She has also guest blogged for us earlier here.] On December 24th, 2019, the Delhi High Court had granted an ad-interim injunction in favour of Bristol Myers Squibb Holdings Ireland (BMS) for the infringement of patent number 247381 associated with…

Others Patent

Sisvel v Haier: SEP Case Law from Germany

by Mathews P. George September 29, 2020

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The SEP negotiation framework is a multi-faceted one since it involves Patent Law, Competition Law and Contract Law considerations. India does not have a SEP negotiation framework like the one laid down by the CJEU in Huawei v ZTE. [The Delhi High Court, in Ericsson v CCI, has made a reference to the CJEU judgment in Huawei v ZTE]. It is not that the CJEU judgment has removed all the ambiguities in the SEP negotiation framework. On the other hand,…

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part II

by Anupriya Dhonchak September 29, 2020

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This post is in continuation to my previous post (here) on the National Digital Library of India’s Copyright Guide. Here, I discuss how the Copyright Guide’s Templates of Declaration demonstrate a flawed understanding of fair dealing and user rights under the Indian Copyright Act. Is the concept of “Fair Dealing” in the Indian Copyright Act related to Libraries clearly explained? If not, please indicate the aspects that are not sufficiently clear. The Guide adopts the progressive legal ontology of calling…

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I

by Anupriya Dhonchak September 29, 2020

1 Comment

The National Digital Library of India (NDLI) has come up with India’s first Copyright Guide for Indian Libraries. The stated objective of NDLI is to educate, enable and empower the youth using quality knowledge and learning resources while harnessing the power of the digital medium. This Guide has been created, keeping in mind our current age where new technologies and gatekeepers of knowledge make it difficult for librarians to understand and deal with multiple issues pertaining to copyrights. It is…

Opportunities Patent

CUSAT’s Webinar on ‘Patented Medicines and Price Control – Impact on Access to Medicine’ [October 6]

by SpicyIP September 29, 2020

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We’re pleased to inform you that Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), Cochin, is organising a webinar on ‘Patented Medicines and Price Control – Impact on Access to Medicines’ on 6th October, 2020. For further details, please see the announcement below: Webinar on ‘Patented Medicines and Price Control – Impact on Access to Medicine’ | October 6 Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), Cochin, is conducting…

SpicyIP Weekly Review (September 20 – 27)

by Adyasha Samal September 28, 2020

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Topical Highlight University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’ Praharsh discussed the IPAB’s order allowing an appeal against the Controller of Patents’ rejection of the University of Miami’s application over a pharmaceutical composition for treatment of cancer. The Controller had rejected the application stating, among other things that: a) the additional documents submitted by the appellant to explain the post research scenario were grossly substantive and result of further…

AJAY AMITABH SUMAN { Thanks Praharsh for Sharing on view. The article is based mostly on “Merck Sharp & Dohme Corp v. Sanjeev Gupta” Judgement. But even that Judgment, the Hon'ble High... }
AJAY AMITABH SUMAN { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. While issuing the notice... }
Adyasha Samal { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. That does not require interference into market forces.... }
Adyasha Samal { Sir, I cannot locate the stay order. Could you please provide a link? }
Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }

De-Coding Indian Intellectual Property Law

SpicyIP Weekly Review (September 28- October 4)

Chinese Court Issues Anti-Suit Injunction Re Pending Delhi HC Case by InterDigital against Xiaomi

Free Online Course on Intellectual Property [Register by October 14, 2020]

Copyright Doctrine of Conceptual Separability: Separating the Artistic from the Utilitarian

The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic?

Sisvel v Haier: SEP Case Law from Germany

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part II

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I

CUSAT’s Webinar on ‘Patented Medicines and Price Control – Impact on Access to Medicine’ [October 6]

SpicyIP Weekly Review (September 20 – 27)

Patent Drafting Positions

DIGITAL Fellowship 2021