Pic of text saying "Should I stay or should i go"

[This post was co-authored with Praharsh Gour. Praharsh is a graduate from Hidayatullah National Law University, Raipur and has previously worked with an IP firm, practicing in New Delhi. He is presently an LL.M candidate at the Faculty of Legal Studies, South Asian University, New Delhi] A recent IPAB order has resulted in a revoked patent over an anti-cancer drug Ibrutinib, being granted a curious new lease of life for the duration of on-going litigation before itself. This post will…

Video Games, User-Generated Content and Copyright

by SpicyIP June 18, 2020

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We’re pleased to bring to you a guest post by Sankalp Jain on copyright issues related to video games and user generated content. Sankalp is a third year student at NALSAR University of Law, Hyderabad. In the post, he discusses the copyright framework of the video game ‘Dreams’, a collaborative platform for creating and sharing different kinds of user-generated content (UGC), and argues that current Indian copyright law is inadequate to respond to diverse UGC which take the form of…

Competition Law Patent

Antitrust Scrutiny in Patent Licensing Disputes: An Alternative Approach to Delhi HC’s Decision in Monsanto v. CCI

by SpicyIP June 17, 2020

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We’re pleased to bring to you a guest post by Abhilasha Nautiyal, analysing issues related to competition law scrutiny in patent licensing disputes in light of the Delhi High Court’s recent decision in Monsanto v. CCI . Abhilasha is an attorney at Ira Law, a firm that she co-founded with other colleagues. Prior to this, she was a partner at an IP law firm. Abhilasha graduated from the Army Institute of Law and then pursued a master’s in law from…

SpicyIP Fellowship: Is Sub-Licensing Contemplated under the Indian Copyright Act? – A Response

by SpicyIP June 16, 2020

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We’re pleased to bring to you a guest post by our fellowship applicant Nikhil Purohit, on the issue of permissibility of sub-licensing of copyright in India. A couple of months ago, Latha had discussed this issue on the blog, arguing that sub-licensing is not permitted under the Copyright Act. In this post, Nikhil provides a different interpretation of the statutory provisions and argues that the Indian law does permit sub-licensing of copyright. Nikhil is a 4th year student at the…

SpicyIP Weekly Review (June 8 – 14)

by SpicyIP June 15, 2020

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[This post has been authored by our new intern, Vedanigini Bisht, a 3rd year student at National Law University, Delhi] Topical Highlight Government Copyright over Bare Acts: India’s Georgia et al Moment on the Horizon? Balu discussed the case of Arpit Bhargava v. Union of India and Anr. which has now come up before the Supreme Court. He notes that the appellants arguments regarding accessibility and copyright issue are misplaced. The Appellant’s prayer for accessibility is being addressed by the Delhi…

Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums?

by Divij Joshi June 15, 2020

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Telegram, a widely used instant messaging platform, is in a copyright soup before the Delhi High Court, concerning the circulation of ‘e-papers’ or digital versions of newspapers, through open Telegram Channels, a group messaging feature available on the app. In an order dated May 29, 2020, Justice Mukta Gupta issued an ad-interim injunction directing Telegram to provide information about the subscribers or ‘owners’ of certain Telegram Channels allegedly circulating online versions of Dainik Jagran, a Hindi daily. Further, Telegram was…

Patent

Why is the Patent Agent Exam Held in Only English? : Addressing the Language Barrier to a More Accessible Patent Regime

by Namratha Murugeshan June 12, 2020

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The Government released a public notice for the Patent Agent Examination 2020 sometime in February this year. Around the same time, we received information regarding a grievance to the Prime Minister’s Office on the Patent Agent Exam being conducted only in English and not in Hindi, even though patent applications are allowed to be filed both in English and Hindi. The other issues highlighted in another set of grievances relate to a few discrepancies concerning e-filing of patents in Hindi,…

Innovation

Consultation Process for New Science, Technology and Innovation Policy 2020 Begins – How to Contribute?

by Swaraj Paul Barooah June 12, 2020

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The Ministry of Science and Technology recently announced the initiation of the consultation process for the new Science, Technology and Innovation Policy 2020. Notably, the consultation process which started recently, seems to be very inclusive as it is described (more on that below). For those interested, there is a virtual town hall meeting, as the launch event for public consultations, happening later today, from 6:30 pm to 8:00 pm IST – more details here. Reproducing the PIB notification: “The Office…

SpicyIP Fellowship: Digital Copyright Exhaustion in India – A Need For an Expansive Application

by SpicyIP June 11, 2020

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We’re happy to bring you a guest post by our Fellowship applicant, Vedangini Bisht, arguing for expansion of the copyright exhaustion doctrine to the digital medium in India. Vedangini is a 3rd year law student at National Law University, Delhi. Her first submission for the Fellowship can be viewed here. Digital Copyright Exhaustion in India: A Need For an Expansive Application Vedangini Bisht According to the doctrine of copyright exhaustion, when the owner of a copyrighted work gives consent for…

Government Copyright over Bare Acts: India’s Georgia et al Moment on the Horizon?

by Balu Nair June 10, 2020

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picture of a lock with three signs - off, enable and access

Late last month, the Supreme Court issued notice to the Union of India in an appeal against the Delhi High Court’s decision in Arpit Bhargava v. Union of India and Anr. As I had covered earlier on the blog, the Appellant, Arpit Bhargava, had filed a PIL before the Delhi High Court seeking a direction from the High Court to mandate the Central Government to make hard copies of legislations available at a reasonable price. He had argued that publication…

Praharsh Gour { Hey Anon, Thank you for the comment and bringing this decision to my knowledge. I can only agree with you on this point. In fact if you read... }
{ There is also enough SC case laws to say that the suit can be thrown out if you suppress material facts. Every arguing lawyers favourite case - SP... }
Mathews George { The UK Supreme Court primarily viewed it as a contract law dispute. And based its reasoning on internal and external contexts surrounding the ETSI Policy. Having said that,... }
Praharsh { Dear Anon, Please note this second post is about when the trial phase is not being dispensed with, whereas Prof Basheer's paper is advocating the doing away of... }
{ Disappointing that none of professor Basheer's scholarship was cited in this post - he has an entire paper on whether interim injunctions are required in patent cases. }

De-Coding Indian Intellectual Property Law

Staying the Post-Grant Revocation of Ibrutinib

Video Games, User-Generated Content and Copyright

Antitrust Scrutiny in Patent Licensing Disputes: An Alternative Approach to Delhi HC’s Decision in Monsanto v. CCI

SpicyIP Fellowship: Is Sub-Licensing Contemplated under the Indian Copyright Act? – A Response

SpicyIP Weekly Review (June 8 – 14)

Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums?

Why is the Patent Agent Exam Held in Only English? : Addressing the Language Barrier to a More Accessible Patent Regime

Consultation Process for New Science, Technology and Innovation Policy 2020 Begins – How to Contribute?

SpicyIP Fellowship: Digital Copyright Exhaustion in India – A Need For an Expansive Application

Government Copyright over Bare Acts: India’s Georgia et al Moment on the Horizon?