SpicyIP Weekly Review (June 8 – 14)

/ By / Copyright, Innovation, Others, Patent, Trademark

[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 […]

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

/ By / Copyright, COVID-19

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

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

/ By / Patent

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,

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

/ By / Innovation

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

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

/ By / Copyright

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

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

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

/ By / Copyright

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

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Comparison of BRICS countries Public Health spending. Please contact author if you want breakdown of details

Patents for Pharmaceutical Innovation – Basic Concerns

/ By / COVID-19, Data Exclusivity, Innovation, Patent

Covid 19 seems to have done what public health activists have been crying hoarse about for years – that is, shine a bright spotlight on the various inadequacies of the public health systems around the world, and its related issues. With several public calls for letting patent rights on pharmaceuticals take a back seat vis-a-vis this pandemic, this bright spotlight has also shone on those who’ve been lobbying for ever-restrictive patent rights on pharmaceuticals. For example, as KEI has pointed

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LexisNexis IP’s Live Webinar on How to Conduct a Prior Art Search Using ‘TotalPatent One’ [June 18]

/ By / Opportunities, Sponsored

We’re pleased to inform you that LexisNexis IP is organizing a live webinar on how to conduct a prior art search using their patent search software ‘TotalPatent One’ on June 18, 2020. For further details, please read the announcement below: Live Webinar on How to Conduct a Prior Art Search in the Largest Pool of Patent Documents We, LexisNexis Intellectual Property, are a leading global provider of the entire patent workflow solutions designed specifically for professionals in the intellectual property

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Reminder: 1st Shamnad Basheer Essay Competition on Intellectual Property Law [Submit by June 30]

/ By / Opportunities

On the occasion of our Founder Prof. (Dr.) Shamnad Basheer’s 44th birth anniversary on 14th May, we had announced the first edition of the Shamnad Basheer Essay Competition on Intellectual Property Law to celebrate his memory and his legacy of outstanding scholarship. After the announcement of the competition, we’d answered some common queries that we’d received from the interested participants here. We wish to remind you that the deadline for submissions for the competition is June 30, 2020 (23:59 IST).

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SEPs and Confidentiality Clubs: No Compatibility With Each Other

/ By / Patent

We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing why it is not in a defendant’s best interests to agree to a confidentiality club arrangement in a SEP litigation. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. His

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