Knowledge as (Constitutional) Commons, Knowledge as Commodity: Assessing the Implications of Delhi HC’s Sci-Hub Order through Boyle’s ‘Second Enclosure Movement’

/ By / Copyright

Assessing the implications of the Sci-hub blocking order from the lens of James Boyle’s work, “The Second Enclosure Movement and the Construction of the Public Domain” (2003), Sarthak Gupta explains how it affects education, research, and scientific progress in the country. Sarthak is a lawyer currently serving as a Judicial Law Clerk-cum-Research Associate to Justice Sandeep Mehta at the Supreme Court of India. He was not involved in the case in any capacity, and all views expressed are his own, not […]

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SpicyIP Weekly Review (September 8 – September 14)

/ By / Copyright, Others, Patent, Trademark

Midway to September – a post on the problems of the Indian SEP-Antitrust Gridlock. A two part post on the Pandemic Agreement’s PABS system and another on the Karnataka HC between revocation petition and a patent infringement proceeding. This and a lot more on last week’s SpicyIP Weekly Review. Here’s a roundup of our blog posts, case summaries and top IP developments in the country and the world this week. Anything we are missing out on? Drop a comment below

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License to Kill (Innovation): Problems of the Indian SEP-Antitrust Gridlock

/ By / Patent

In light of the anticlimactic end to the Ericsson v. CCI dispute, SpicyIP Tech Innovation Policy Fellow Ambika Aggarwal writes on how the long battle for sectoral power and the lack of policy guidance from the Patent and Competition Law authorities, especially in matters of SEP and antitrust overlaps, divert focus from markets and affect innovation incentives and domestic competition. Ambika is a Ph.D. (IP Law) scholar at NALSAR University of Law, Hyderabad. Her experience includes working as a Research

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Part II: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex

/ By / Patent

Continuing the discussion on Stephanie Switzer, Adam Strobeyko, Mark Eccleston-Truner, Sylvain Aubry, and Michelle Rourke’s paper on Pandemic Agreement’s Annex, in Part II of the post, Srishti discusses the considerations put forth in the paper. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. Part II: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex In Part I, the blog post dived into suggestions proposed in the paper

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Part I: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex

/ By / Patent

Explaining Stephanie Switzer, Adam Strobeyko, Mark Eccleston-Turner, Sylvain Aubry, and Michelle Rourke’s suggestions on the Pandemic Agreement’s Annexure on Pathogen Access and Benefit-Sharing (“PABS”) system, in the first part of her two-part post on the Annexure, Srishti Gaur assesses their feasibility and potential implications. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex (Part I) By Srishti Gaur After

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Caught in Limbo: The Karnataka HC’s Compromise on Staying Patent Infringement Suits

/ By / Patent

On March 1, the Karnataka High Court addressed the question of whether a patent infringement proceeding must be stayed for the duration of a pending revocation petition. Anushka Kanabar examines the order and assesses how the Court tried to strike the balance by concluding that the infringement proceeding should be stayed at the stage of final hearings, and whether the Patents Act supports this understanding. Anushka is a fourth-year B.A., LL.B. (Hons.) student at the National Law School of India

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SpicyIP Weekly Review (September 1 – September 7)

/ By / Copyright, Others, Patent, Trademark

Beginning September with a post on Rajasthan HC’s invocation of Article 21 of the Constitution in a trademark case. Bollywood’s copyright dance at the Bombay HC – post on the recent orders concerning the movies Disco Dancer and Dream Girl 2. This and a lot more on last week’s SpicyIP Weekly Review. Here’s a roundup of our blog posts, case summaries and top IP developments in the country and the world this week. Anything we are missing out on? Drop

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How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar

/ By / Trademark

The Delhi High Court has clarified that simply accessing a plaintiff’s website or registering a mark in its territory does not give the Court jurisdiction. Srishti Gaur unpacks the ruling and shows how it sharpens the position in light of earlier precedents. Srishti is a third-year student at National Law University, Delhi. Her previous posts can be accessed here. How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar By Srishti Gaur In

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Whose Jurisdiction is it Anyway?: SC Dismisses CCI’s Appeal Against Ouster of Jurisdiction on Patent Issues

/ By / Patent

The Supreme Court in Ericsson v. CCI was expected to clear the air on a tricky regulatory question concerning CCI and the Controller General, but the dispute seems to have had an anticlimactic end with the Court declining to decide on the point of law. Ambika Aggarwal writes on this development below. Ambika is a Ph.D. (IP Law) scholar at NALSAR University of Law, Hyderabad and is also a SpicyIP Tech Innovation Policy Fellow. [Please note that we are still

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Justice with Velvet Gloves? A Look at the DHC’s Decision in the iPhone Counterfeit Case

/ By / Trademark

A division bench (DB) of the Delhi High Court (DHC), comprising Justices Prathiba M. Singh and Shail Jain, recently voiced serious concern over the import of counterfeit iPhones in M/s ECG Easy Connect Logistics Pvt. Ltd v Commissioner of Customs, CUSAA 35/2024 (pdf). The DB highlighted the dual harm caused by such imports: erosion of brand equity and adverse consumer welfare impacts, particularly as old, used, or counterfeit products may be misrepresented as new. This deceptive practice, according to the

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