SpicyIP Fellowship 2019-20: DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges

by Pankhuri Agarwal October 9, 2019

We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal on the Draft Guidelines on Geographical Indications Logo and Tagline released by DPIIT in June this year. Akanshha is a 3rd year student at National Law University, Delhi. This is her second submission for the Fellowship. Part I of her first submission can be viewed here. DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges Akanshha Agrawal In India, Geographical…

Patent

Patent Office Publishes A New List of Scientific Advisors After 9 Years

by Pankhuri Agarwal October 3, 2019

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[This post has been co-authored with Bhavik Shukla, a 5th year student at National Law Institute University (NLIU), Bhopal.] The Patent Office released a list of newly enrolled/ retained scientific advisors last month. A total of 37 advisors have been included in the list, out of which 22 scientific advisors have been retained from the previous list published in 2010. Section 115 of the Patents Act, 1970 (‘Act’) grants a court (hearing matters under the Act) the power to appoint…

Publication

Call for Papers: NUALS Intellectual Property Review (Vol. 2) [Submit by Dec 30, 2019]

by Pankhuri Agarwal October 1, 2019

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We’re pleased to announce that the NUALS Intellectual Property Law Review, operating under the aegis of the Centre for Intellectual Property Rights (CIPR), NUALS, is inviting submissions on the contemporary issues related to intellectual property rights for publication in the second volume of the journal. The deadline for submissions is December 30, 2019. For further details, please read the call for papers below: Call for Papers: NUALS Intellectual Property Review (Vol. 2) The NUALS Intellectual Property Law Review (ISSN 2582-4244)…

Overlaps in IP Privacy

Just (Let) Google (Do) It: Updates on the Right to Be Forgotten from the European Union

by Divij Joshi September 30, 2019

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In two significant judgements made on September 24, 2019, the top court of the European Union, the CJEU, has deliberated upon the scope of the delisting and de-indexing requirements (otherwise known as the Right to Be Forgotten (‘RTBF’)) to be followed by search engine operators under the EU’s data protection laws, including the Data Protection Directive as well as the more recent General Data Protection Regulation. In Google v CNIL, the Court has held that EU law does not require…

Others

Justice Ravindra Bhat Appointed to the Supreme Court of India

by Prashant Reddy September 29, 2019

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In a bit of good news, in an otherwise bleak time for Indian IP, Justice Ravindra Bhat was recently appointed to the Supreme Court of India. For the last 15 years Justice Bhat served as a judge of the Delhi High Court (and a few months as the Chief Justice of the Rajasthan High Court) where he delivered a number of landmark judgments in IP, starting with his famous judgment in the Roche v. Cipla patent infringement battle where he…

Trademark

SpicyIP Fellowship 2019-20: FUCT the USPTO? – Revisiting the Free Speech, Morality and Trademark Law Debate (Part I)

by Pankhuri Agarwal September 27, 2019

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We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal. Akanshha is a 3rd year student at National Law University, Delhi. This is her first submission for the Fellowship. In the first part of this two-part post, Akanshha discusses the recent US Supreme Court judgment in Iancu v. Brunetti, which held the Lanham Act’s ‘immoral or scandalous’ bar on the registration of trademarks to be unconstitutional. In Part II of the post, she analyses the…

Others

SpicyIP Weekly Review (September 16-22)

by Rishabh Mohnot September 23, 2019

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In a guest post, Karan Dhalla argues that Tips Industries v Wynk Music, which held that the statutory licensing scheme under Section 31D of the Copyright Act 1957, was wrongly decided for three reasons. First, he suggests that Section 31D does not discriminate between different mediums of broadcast because both Section 31D(1) and Section 2(dd) are clear and unambiguous, and sweeping in their scope. Second, he posits that Section 31D(1) is the operative portion of the provision, and the remaining…

Trademark

The Trade Marks Registry Proposing to Restrict Access to Documents

by Aparajita Lath September 23, 2019

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The Trade Marks Registry (TMR) issued a public notice requesting suggestions from stakeholders regarding the display and availability of documents on its official website (comments are to be submitted by September 30, 2019). It appears that the TMR has received representations from stakeholders raising concerns regarding the display of confidential information, proprietary information and personal information on its website. The TMR is now proposing to classify documents into two categories on its website: One category that will consist of documents…

Others

40 Days: Remembering and Celebrating Prof. Shamnad Basheer

by Divij Joshi September 22, 2019

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In several traditions, including those followed by Prof. Shamnad Basheer’s family, the 40th day after passing is a day of remembrance and marks the end of a mourning period. As posts, tributes and celebrations of Prof. Basheer’s life and work have poured in, some of the current and past team members of SpicyIP have written fond remembrances and eulogies, which we are publishing here today. Balu Nair “The last 40 days have made me realize that some wounds are too…

Geographical Indication

Banglar Rasogolla v. Odisha Rasagola: Deciphering the Real Win

by Pankhuri Agarwal September 20, 2019

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We’re pleased to bring to you an interesting guest post by Jupi Gogoi on the ongoing dispute between West Bengal and Orissa over the GI tag for rasgulla, which we’ve covered on the blog earlier here, here and here. Jupi is an Assistant Professor at the Faculty of Law, University of Delhi. She was formerly associated with the Indian Law Institute, Delhi. Jupi has guest blogged for us in the past as well (see here). Banglar Rasogolla v….