Special 301 Report 2023: Reflections from Public Health Perspective

/ By / Drug Regulation, Others, Patent

The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions. India, which has featured in this list multiple times in the past, (as highlighted on the blog by different […]

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Understanding the International Guide to Patent Case Management for Judges by WIPO

/ By / Patent

[This post is authored by SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from National Law School of India University, Bengaluru.] A report titled, “An International Guide to Patent Case Management for Judges”, has been released by the World Intellectual Property Organisation (WIPO) to bring into the limelight the considerable progress achieved in patent case management in ten jurisdictions. The broad parameters in the report include structural reform of courts, statutory revisions, implementation of innovative

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SpicyIP Weekly Review (May 8- May 13)

/ By / Copyright, Geographical Indication, Opportunities, Others, Patent, Trademark

[This Weekly Review has been co-authored with Shikhar Chauhan. Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 5 posts, 16 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts? Please let us know so we can include them! Highlights of the Week Announcing the

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Inviting Applications for the SpicyIP Doctoral Fellowship!

/ By / Opportunities

Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship. Please see all details as below:  Eligibility: 1. Candidate must be a current doctoral candidate at a university located in India, or a candidate who has received an admission offer for a doctoral programme that is to start prior to Dec 31st, 2023, at a university located

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Announcing the SpicyIP Empirical Scholarship Database Series!

/ By / Copyright, Patent, Publication

Moving from Faith-based positions to Fact-based positions has been a topic that Prof Shamnad Basheer had long been propounding on this blog, with several prominent examples such as the petition to the Government to make Indian patent information available online more than 15 years ago, to displaying glaring gaps in Form 27 declarations, from the “Indian Bayh Dole” issues, to countering claims about textbook prices, and more. Indeed, this commitment to fostering accountability and transparency in the Indian IP eco-system

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World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain

/ By / Others

In a landmark order regarding right to publicity, the Single Judge Bench held in the case of Digital Collectibles vs Galactus Funware Technology Pvt Ltd  that the use of publicly available information of a celebrity will not amount to infringement of right to publicity. Contributing significantly to defining the scope of publicity rights, the Court said that in the absence of statutory basis for right to publicity, one must rely on principles of the tort of passing off. It further

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Agreement on Royalty Sharing Signed between ISRA and Music Labels!

/ By / Copyright

[This post has been authored by SpicyIP Intern Surmayi Khatana. Surmayi is a second year student pursuing LL.B from Government Law College, Mumbai.] On April 25, 2023, it was reported that the Indian Music Industry (IMI) and the Indian Singers Rights Association (ISRA)  have entered into an agreement whereby the member singers of the ISRA, have been promised royalties for their works. Apparently, negotiations for the agreement have been on for a while and the agreement was signed in October

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Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

/ By / Patent, Trademark

On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here, here, here, here and here) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objection, rejecting

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SpicyIP Weekly Review (May 1 – May 6)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Srujan Sangai. Srujan is a Second Year student at the National Law School Of India University, Bengaluru and has a keen interest in IPR and Technology Law. His previous posts can be accessed here and here.] After a busy week at the blog, here are the quick summaries of the 9 posts, 11 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on?

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All’s Fine with Pine Labs as Karnataka HC Vacates the Problematic Interim Injunction Order on the Point of Sale Machine

/ By / Patent

[This post is co-authored by SpicyIP interns Rohan Srivastava and Srujan Sangai. Rohan and Srujan are Second Year students at the National Law School Of India University and have a keen interest in IPR and Technology Law. Rohan’s previous post can be accessed here and Srujan’s previous post can be accessed here.] In March 2023, the Karnataka High Court in Innoviti Payment Solutions v Pine Labs, vacated an interim injunction order passed by the trial court in favor of Innoviti Payment

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