Opportunities Publication

Call for Papers: NUALS Intellectual Property Review (Vol. 3) [Submit by Dec 15]

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We’re pleased to inform you that the NUALS Intellectual Property Law Review is inviting contributions to the third volume of the journal. The deadline for submissions is December 15, 2020. For further details, please read the call for papers below: Call for Papers: NUALS Intellectual Property Review (Vol. 3) The NUALS Intellectual Property Law Review (ISSN 2582-4244) is a peer-reviewed, double blind and open access journal, operating under the aegis of the Centre for Intellectual Property Rights (CIPR), NUALS. The…


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Trademark

A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine

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In an interesting scenario that perhaps adds to the mounting pile of evidence of ex-parte interim injunctions being problematic, the Delhi High Court on 9th September, 2020, modified an ex-parte interim injunction order after finding that the plaintiff concealed material facts during the hearing. The initial order had estopped the defendants, Sujata Electronics (defendant no. 1), its manufactures (defendants no. 2 & 4), and its dealers (defendant no. 3) from manufacturing, importing, selling any products under the mark ‘SUJATA’. And…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)

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Topical Highlight When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? In a guest post, Tanvi Sehgal weighs in on the impact of the COVID-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings. She explains how the pandemic shutting down movie theatres for such a long duration has forced producers to release their movies on OTT platforms such as Netflix, Amazon Prime and Hotstar. According to her, movies…


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Trademark

Much Ado about ‘Use’: UK Decision Rekindles Debate under Indian Trade Mark Law

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We’re pleased to bring to you a guest post by Yash More and Hitoishi Sarkar, discussing the Indian courts’ interpretation of what constitutes ‘use’ while adjudicating upon disputes concerning prior use of trademarks in light of the recent UK decision in MERCK KGaA v. MERCK Sharp. Yash and Hitoishi are 2nd year students at Gujarat National Law University, Gandhinagar. Introduction In May this year, the UK High Court of Justice in MERCK KGaA v. MERCK Sharp, while ruling on an…


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Copyright COVID-19

When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films?

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We’re pleased to bring to you a guest post by Tanvi Sehgal, discussing the impact of the Covid-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings and proposing an amendment to the cinema hall exception to the provision on mandatory royalty sharing under the Copyright Act in light of this shift. Tanvi is a guest faculty at the Faculty of Law, Delhi University, where she recently submitted her PhD thesis titled ‘Revisiting…


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Opportunities Patent

Online Roundtable on ‘The Global Implications Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ [September 11]

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We’re pleased to inform you that DPIIT IPR Chair, NLU Delhi is organising an online roundtable on ‘The Global Implications of Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ at 3 p.m. tomorrow (September 11, 2020). For further details, please read the announcement below: Online Roundtable on ‘The Global Implications of Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ September 11, 2020 Organiser: DPIIT IPR Chair, NLU Delhi Online Roundtable: The Global Implications of Unwired Planet v. Huawei:…


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Copyright Others

Lizzo’s Copyright Victory in Truth Hurts: Joint Authorship and Follow-on Works in the Music Industry in India

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  Lizzo, like many other pop stars, has been embroiled in multiple copyright disputes. Recently, she won a case she filed against songwriters Justin Raisen, Jeremiah Raisen, and Justin “Yves” Rothman. They had claimed that the superhit song ‘Truth Hurts’ was derived from ‘Healthy’, which they wrote with Lizzo, making them co-owners of ‘Truth Hurts’ too. Judge Dolly M. Gee of United States District Court in Los Angeles ruled in favour of Lizzo, noting that, “as a matter of law,…


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Patent

Yves Choueifaty v. Attorney General of Canada: An Interesting Development from Canada on Claim Construction and Patent Office Manuals

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This time, I want to discuss recent judgement from the Federal Court of Canada – Yves Choueifaty v. Attorney General of Canada, 2020 FC 837 – available here. I found it interesting because it concerned the patentability of computer-related inventions (CRI) and addressed a situation where the Court found the Patent Office Manual to be erroneous. The case concerned the invention that claimed a computer-implemented method concerning investment portfolios. An in-depth assessment of the claims or the technology at hand…


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Innovation Opportunities

NUALS’ 6th CIPR National Essay Writing Competition [Deadline Extended to Oct 18]

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We’re pleased to inform you that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi is organizing the an essay competition for law students on the theme ‘Innovate for a Green Future: Role of IP Rights in Encouraging Innovation and Creativity’. The deadline for submission of essays is October 4, 2020 (Edit: The deadline has been extended to Oct 18, 2020). For further details, please read the announcement below. 6th CIPR National Essay Writing Competition The…


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Patent

Interim Injunctions: What’s The Damage? – Part II

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Meme with a pic of James Bond, and the caption saying "Name's Bond... Security Bond"

[This post was co-authored with Praharsh Gour. This is part II of our two-part post on interim injunctions. You can view Part I here.] In our previous post, we summarized some of the many issues with interim injunctions in high-tech patent matters. We also pointed to an earlier suggestion of doing away with the interim phase altogether. We highlighted that aside from the possible pro-patentee bias in the grant, there is also the issue of public interest perhaps not being…


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