Others

SpicyIP Fortnightly Review (January 6 – 19)


SpicyIP Fortnightly Review (January 6 – 20) Bhavik Shukla Last week, Swaraj wrote a post on the paradigm-changing order of the Delhi High Court in Ferid Allani v. Union of India & Ors. Through this order, Justice Pratibha Singh directed the Patent Office to re-examine an application filed for a “method and device for accessing information sources and services on the web”. He notes that the order seems to contain three reasons for such a direction: (i) many inventions today…


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Events

SpicyIP Events: CUSAT’s Workshop on Research Methods in IPRs [Kochi, Feb 28 & 29]


We’re pleased to inform our readers that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT) is organising a two day workshop on Research methods on IPR, scheduled for 28th and 29th February, 2020. The deadline for submitting applications is January 31, 2020. For further details of the workshop, please read the announcement below: ICSSR Sponsored IInd Hands on Training : Research Methods in Intellectual Property Rights Intellectual property (IP) law is based on many…


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Copyright Others

‘Chhapaak’ Credits Conundrum: Does Every Contributor to a Work Have a Right to Be Credited?


In an intriguing case last week, the Delhi High Court directed the makers of the film ‘Chhapaak’ to acknowledge the inputs by Aparna Bhat, the lawyer who represented the acid attack survivor whose life the film is based on, in the film’s opening credits. The decision came in an appeal against the interim order granted by the trial court. The Court noted that since the inception of the making of the film, the Defendants represented to the Plaintiff that her…


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Patent

Looking at the Ferid Allani Order on Software Patents


"Technically Moses is the first man to download files from the cloud using a tablet"

Who would have thought a Tunisian citizen would end up having a couple of major impacts on the Indian IP landscape? Yet, Ferid Allani, in his quest to get a patent on a “method and device for accessing information sources and services on the web” has inadvertently done just that. Back in 2008, in the course of an appeal against the IPO’s deeming of the patent to have been abandoned, Justice Gita Mittal of the Delhi High Court, passed an…


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Others

SpicyIP Fortnightly Review (Dec 23 – Jan 5)


[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Adarsh wrote a post on the recent order of the Supreme Court of India in Genetech Inc v Drug Controller General of India. Through this order, the Supreme Court set aside the interim order of the Division Bench of the Delhi High Court and restored the earlier order of the Single Judge. He notes that in restoring the earlier order, the Court relied…


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Copyright

Distortion or Destruction of Artistic Works : Scope of Moral Rights of Artists


We’re pleased to bring to you an interesting post by Kaveri Jain on the scope of moral rights of an artist vis-à-vis destruction and alteration of its original artwork. Kaveri Jain is an attorney at Ira Law. She graduated from Amity Law School in 2018 and worked at a boutique IP firm in New Delhi prior to joining Ira Law. Distortion or Destruction of Artistic Works : Scope of Moral Rights of Artists Kaveri Jain Does an artist being the…


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Others

A Look Back at India’s Top IP Developments of 2019


Here’s wishing all our readers a very happy new year! Or happy ‘now’ year as Prof. Basheer would have said! As always, on this occasion, we look back at the year gone by and take stock of all the significant IP developments that kept the Indian IP landscape action packed throughout the year. We have divided these developments into two categories: a) top 10 judgments/orders, and b) top 10 legislative and policy developments. The developments have been chosen owing to…


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Copyright

Kerala HC Directs Film Release without Script Writer’s Name in ‘Mamankam’ Moral Rights Dispute


This post covers the judgement delivered by the Kerala High Court in Sajeev Pillai v. Venu Kunnapalli & Anr., earlier this month. ‘Mamankam’ is a grand festival which used to be held once in 12 years on the banks of the Bharathapuzha river in Kerala during the 14th to 19th century. The appellant, Sajeev Pillai, a film director and a script writer, claims to have researched the history of Mamankam and to have written a script for a film. Stated…


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Geographical Indication Trademark

An Indian Perspective on Singapore HC’s Decision in ‘Isetan Tartan’ Trade Mark Dispute


This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan. A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth. While tartan patterns have existed for centuries in many cultures, there is recorded evidence that are regarded as “peculiarly Scottish”. Many Scotch Whisky…


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Copyright

Why Such Small Pittance For Our Music ? : Music Industry Lifts Up Its Voice Against Statutory Licensing


We’re pleased to bring to you a guest post by Simrat Kaur. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law Offices), she is currently practicing under the banner “The Endretta”. Simrat has written several guest posts for us in the past…


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