When FaceApp took the Internet by storm, there was furor over its broadly worded privacy policy. FaceApp is not alone, as there is similar backlash against Facebook’s vaguely worded terms. For instance, take a look at this term in Facebook’s policy: “Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Facebook next to…

Is the Clock Ticking for TikTok’s Intermediary Liability Exemptions?

by Divij Joshi September 2, 2019

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A recent stand-off between TikTok and ShareChat, two major online social media platforms in India has brought to fore several issues and inconsistencies in India’s intermediary liability regime. On August 23, it was reported that ShareChat, the ostensibly ‘homegrown’ social media app, complied with certain takedown notices sent by TikTok over content which had previously been shared on TikTok, claiming it had ‘exclusive rights’ over such content, and it was being uploaded and shared without authorisation on ShareChat. On August…

Is the JNU Data Depot Even “Reproducing” Papers?

by Swaroop Mamidipudi August 29, 2019

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There have been two pieces on this blog about Carl Malamud and Andrew Lynn’s JNU data depot project and whether it violates Indian copyright law. While Dr. Arul George Scaria argued that it doesn’t, and argued that section 52(1)(a)(i) of the Copyright Act, 1957 would protect this project, the indefatigable Prashant Reddy argued otherwise. The debate needs more hard facts on how the data depot acquired the data to decide this way or that, but I would think, making certain…

Patent

Del HC Clarifies that No Infringement Action is Maintainable in Respect of a Revoked Patent

by Rajiv Kr. Choudhry August 28, 2019

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A recent decision by Justice Prathiba Singh of the Delhi High Court, in the case brought in by Novartis AG against Natco this year, reiterates the black letter law regarding non-maintainability of infringement actions in respect of unregistered or revoked patents. Section 62(2) read with Section 11A(7) of The Patents Act, 1970 provides that “No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent…

Patent

Del HC Vacates Interim Orders Restraining Dr. Reddy’s & Ors. from Selling AstraZeneca’s Ticagrelor

by Devika Agarwal August 28, 2019

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On 8th August, the Single Bench of the Delhi High Court vacated the interim orders granted in favour of AstraZeneca (‘plaintiff’) preventing Micro Labs, Natco Pharma and Dr. Reddy’s Laboratories (‘defendants’) from selling, marketing or dealing with TICAGRELOR (an effective platelet aggregation inhibitor) or any other product violating the plaintiff’s registered patents- IN 907, IN 984 and IN 674. The case relates to two important issues, namely, selection patents and the difference between coverage and disclosure in a patent. The…

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Mission Report: What is the Current Status of IPAB’s Website?

by Rishabh Mohnot August 27, 2019

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Last week, I had reported that IPAB’s website was malfunctioning. It had been displaying untoward links that did not belong on a website run by the IPAB, or any other tribunal for that matter! My guess (based on gossip travelling around the grapevine) was that this was a successful hacking attempt, and nothing more. Indeed, this conclusion would sit well with current trends, with the there being at least 25 reported instances of successful hacking attempts of government websites only…

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The Shamnad Basheer IP/Trade Fellowship with Texas A&M University School of Law [Apply by Sep 15]

by Swaraj Paul Barooah August 26, 2019

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Even as we continue to come to terms with the passing of Prof. Shamnad Basheer, it has been of some comfort to hear of the various initiatives and ideas that people have started considering to help continue carry his legacy forward, in both the IDIA community as well as the IP community. While we look forward to seeing many of these ideas bloom, we are pleased to bring to our readers news of one such initiative that has just been…

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SpicyIP Fortnightly Review (August 11-25)

by Rishabh Mohnot August 26, 2019

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This month, we received the tragic news of the passing away of our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer. He touched the lives of all of us here at SpicyIP in innumerable ways and always encouraged us with our work at the blog on a day-to-day basis. His loss cannot be put into words, but we hope to honour his legacy by continuing the good work he started with SpicyIP. See the tribute penned for our blog by…

Competition Law Data Exclusivity Overlaps in IP Patent

Shogun Organics: Burden of Proof and Follow On Registrations

by Aparajita Lath August 25, 2019

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Shogun Organics Limited v. Gauri Hari and Others is a curious case concerning burden of proof and an apparent conflict between the Patents Act, 1970 and the Insecticides Act, 1968. Facts Shogun Organics Limited (plaintiff) filed a suit seeking a permanent injunction to restrain the defendants from infringing its process patent. The patent relates to the manufacturing of d-trans Allethrin (an active ingredient in mosquito repellants). Shogun had also obtained an ‘original’ registration for the manufacture of this product under the…

Malamud’s New TDM Venture May Not be Shielded by Section 52 of the Copyright Act

by Prashant Reddy August 22, 2019

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Carl Malamud is at it again, riling up copyright owners and setting the stage for yet another lawsuit on a fascinating copyright issue. His latest effort to ‘liberate’ copyrighted information from scientific publishers is an enterprising venture, called the ‘JNU Data Depot’ which is based out of the Jawaharlal Nehru University (JNU) and which was the subject of an excellent report by Priyanka Pulla in Nature. In the past, Malamud has provoked a firestorm of a debate in multiple jurisdictions,…

Vishal R. said But are the "bookmy" decisions correct in the author's opinion? Aren't they distinctive marks by...

'Generic Domain Names as Trademarks: Registrability and...'
said Great analysis.

'Can Patents and Trade Secrets Co-exist? :...'
said Thank you, Mr. Sagar. My reading of the Act says it cannot be done for...

'Is Sub-licensing Contemplated under the Indian Copyright...'
Lokesh Vyas said Sir, thank you for your feedback. However, in Australia, there was an amendment in 2005...

'SpicyIP Fellowship: Directors’ Plight without (Copy)Right -...'
Jagdish Sagar said Can a copyright owner granting a non-exclusive licence also permit the non-exclusive licensee to sub-licence...

'Is Sub-licensing Contemplated under the Indian Copyright...'

De-Coding Indian Intellectual Property Law

Hello Identity, Are You There? It’s Me, the Right of Publicity!

Is the Clock Ticking for TikTok’s Intermediary Liability Exemptions?

Is the JNU Data Depot Even “Reproducing” Papers?

Del HC Clarifies that No Infringement Action is Maintainable in Respect of a Revoked Patent

Del HC Vacates Interim Orders Restraining Dr. Reddy’s & Ors. from Selling AstraZeneca’s Ticagrelor

Mission Report: What is the Current Status of IPAB’s Website?

The Shamnad Basheer IP/Trade Fellowship with Texas A&M University School of Law [Apply by Sep 15]

SpicyIP Fortnightly Review (August 11-25)

Shogun Organics: Burden of Proof and Follow On Registrations

Malamud’s New TDM Venture May Not be Shielded by Section 52 of the Copyright Act