Patent

Delhi HC Division Bench Affirms that Export is Allowed under India’s Bolar Exception: Propounds ‘Reasonable Relation’ Test


(This post has been co-authored with Bhavik Shukla, a 4th year student at NLIU, Bhopal) Recently, in a decision that is likely to have a significant impact on pharmaceutical patents and access to medicines, a Division Bench of the Delhi High Court, upheld a Single Judge’s decision and ruled that the ‘export’ of a patented invention for experimental purposes is also covered under Section 107A of the Patents Act, 1970 (India’s Bolar exception), and thus does not amount to patent…


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Others

Announcing the 7th SpicyIP Fellowship 2019-20!


Have an interest in IP law? Love legal research and writing? Look no further! Apply immediately to become a SpicyIP Fellow! Year after year, our fellowship series has attracted some of the brightest minds to the world of IP. We are now pleased to announce the 7th edition of the SpicyIP Fellowship for 2019-20.  SpicyIP Fellowship 2019-20 For those of you who are new to the blog, the SpicyIP Fellowship is a coveted position for those seeking to make a…


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Others

SpicyIP Fortnightly Review (June 3 – 16)


In a guest post, Arun Mohan shared his thoughts on the recent Ilayaraja judgment passed by the Madras High Court. He notes that the judgment consolidates producers’ rights over sound recordings that incorporate musical works that are created prior to and post the 2012 amendments. The judgment does, however, pay heed to the composers’ moral rights to paternity and integrity. Pankhuri wrote a post on the developments from the order passed by the Delhi HC in the patent working PIL…


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Events

SpicyIP Events: Conference on ‘Intellectual Property through Collaborative Enforcement’ [June 20; New Delhi]


We’re pleased to announce that PHD Chamber of Commerce & Industry in association with Office of the Controller General of Patents, Designs & Trade Marks, Ministry of Commerce and Industry and United IPR are organizing a full day conference on ‘Intellectual Property through Collaborative Enforcement’ on June 20, 2019 in New Delhi. For further details, please read the announcement below: Conference on ‘Intellectual Property through Collaborative Enforcement’ June 20, 2019, New Delhi Menace of fake and counterfeit goods (both online…


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Patent

Indian Government Proposes to Dilute the Disclosure Requirement for Patent Working


As our readers may recall, in April last year, the Delhi High Court had disposed of the patent working PIL filed by Prof. Basheer in 2015, directing the Government to complete all steps towards effectuating necessary amendments to optimise the patent working provisions within strict timelines. As per its undertaking, the Government had agreed to publish the amended version of Form 27 as approved by the competent authority (DIPP) on or before September 6 last year. Unfortunately, the Government failed to abide…


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Copyright

Why the Ilayaraja Judgment Is a Boon for Producers


We are pleased to bring to you a guest post by Arun Mohan on the recent Madras High Court judgment in the Ilayaraja copyright dispute. Arun is a graduate of the London School of Economics and has experience in working on intellectual property and commercial matters, in India and internationally. He has worked on various prominent IP disputes including appearing for Rajinikanth in the recent landmark decision on celebrity rights, in the TVS v. Bajaj patent dispute and against Google in the…


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Others

SpicyIP Jobs: Litigation Associate at S. Majumdar & Co., New Delhi


We are happy to inform you that S. Majumdar & Co. is immediately looking for lawyers specialising in IP litigation for its New Delhi office. For further details, please see the job description below: Litigation Associate at S. Majumdar & Co., New Delhi Position Associate (Litigation) Responsibilities The candidate must be competent to draft all kinds of pleadings and appear in Courts, brief Senior Counsels and assist them during the hearings. Desired Joining Date July 1, 2019 Desired Qualification &…


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Others

SpicyIP Fortnightly Review (May 20-June 2)


Divij broke the news about a recent order delivered by the Delhi HC in Raj Rewal v. Union of India and Ors., wherein the Court ruled that an architect, in the capacity of a legal ‘author’ of a building, does not have the right to object to its modification or destruction by the owner of such building. The Court’s decision contradicts the one delivered in Amar Nath Sehgal v. Union of India, where the Delhi HC had taken an opposite stance on the…


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Patent

Delay in Issuing Patent Agent Registration Numbers


According to an anonymous report received by us at SpicyIP, the Indian Patent Office (“IPO”) is yet to issue Patent Agent Registration numbers aka IN/PA numbers to a certain number of successful candidates who have cleared the Patent Agent Examination, 2018 (“Examination”). The Examination took place in October, 2018 and the results were released in January, 2019. The IPO released instructions on the procedure to be followed by the candidates who had qualified the Examination and announced that they were to…


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Copyright

Delhi High Court Rules that Moral Rights Offer No Remedy for Destruction of a Work


Does an architect, as the creator and legal ‘author’ of a building having artistic significance, have the right to object to the modification or destruction of their work by the owner of the building? A recent judgement of the Delhi High Court answers this firmly in the negative. In Raj Rewal v Union of India and Ors., Mr. Justice Endlaw has comprehensively rejected the claim that an author’s moral rights over a building take precedence over the rights of the…


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