Copyright

A Draft Amendment to the Cinematograph Act could Put You In Jail the Next Time You Record an End-Credits Scene in a Movie Hall


The Ministry of Information and Broadcasting recently published a draft amendment to the Indian Cinematograph Act of 1952, with the stated aim of countering film piracy. The draft amendment, to Section 7(4) of the Cinematograph Act reads – “Notwithstanding any law for the time being in force including any provision of the Copyright Act, 1957, any person who, during the exhibition of an audiovisual work, cinematographic in an exhibition facility used to exhibit cinematograph   films   or   audiovisual   recordings   and   without  …


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Trademark

IP vs Morality vs Free Speech: What the Fuct?


As some of you may have heard, the USPTO denied a trademark to Erik Brunetti’s “FUCT” line of apparel on grounds that the mark was immoral/scandalous! The Court of Appeals for the Federal Circuit (CAFC) ruled that the refusal was unconstitutional since it violated the constitutional guarantee of free speech. The US government appealed and the US Supreme Court just granted cert and will hear arguments soon. As Dennis Crouch notes in Patently O: “..the Federal Circuit sided with Brunetti…


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Others

SpicyIP Weekly Review (December 31-January 6)


We started 2019 with a bang-and quite a few interesting posts! Thematic Highlight  We had an enlightening guest post related to the Mosanto v. Nuziveedu case. In her post, the author notes that the Delhi HC had relied on a number of European precedents to conclude that Monsanto’s claimed invention covering the Bt gene construct and a process for preparing the transgenic Bt Cotton plant amounted to an “essentially biologically process” (which is excluded under Section 3(j) of the Patent…


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Patent Plant Variety Protection

Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu


We are pleased to bring to you an insightful guest post by Dr. Deepa Kachroo Tiku on a contested provision of patent law involving the exclusion of plants/animals and essentially biological processes. As readers are aware, this exclusion (section 3(j)) is at the forefront of a big ticket patent battle between Monsanto and Nuziveedu. As we understand, the hearings have concluded and the court is expected to issue a decision sometime soon. Deepa is a partner at K&S Partners and…


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Trademark

Trademarking “Hakuna Mata”: A Problem Free Philosophy For IP?


Even as we were bidding adieu to 2018, one of the most contentious IP issues cropped up. Thanks to Disney’s trademark over Hakuna Matata (from the Lion King) and an online petition protesting against this blatant cultural (mis)appropriation! I reflect on this in the Hindustan Times and excerpt some portions below. Hardly a stress free issue. But then again, these are complex cases not amenable to easy resolution. The best we can do is to continue to debate and remain…


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Others

A Look Back at India’s Top IP Developments of 2018


Here’s wishing all our readers a Happy New Year! We hope 2018 lived up to your expectations. If it didn’t, forget about it. It’s in the past now – best leave it there as 2019 beckons! As always, we take this time to reflect upon the year gone by – taking a walk down memory lane to recount all the exciting developments that took place in 2018, and reshaped the Indian IP landscape. This year, we’ve divided the developments into…


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Biological Diversity

The Uttarakhand High Court’s Flight of Fancy While Interpreting the Biological Diversity Act


In a judgment delivered on December 21, 2018 a judge of the Uttarakhand High Court ruled that Divya Pharmacy, an Indian company that manufactures Ayurvedic medicines, will be subject to the benefit sharing obligations under the Biological Diversity Act. As a result, Divya Pharmacy will be required to make payments to the Uttarakhand State Biodiversity Board as per the rates laid down in the Access and Benefit Sharing Guidelines, 2014. Like many other Indian companies, Divya Pharmacy had taken the…


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Others

SpicyIP Fortnightly Review (December 17-30)


Here’s the round-up of the last fortnight of 2018! Thematic Highlight Prarthana wrote a post on Carlsberg Breweries v. Som Distilleries, in which a 5-judge bench of the Delhi High Court held that a composite suit for design infringement and passing off is maintainable, and further, a remedy for passing off for a registered design can be brought if the said design is not functioning as a trademark and if the remedy of passing off is claimed for trade dress…


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Patent

Novartis vs Section 3(d): Once Bitten, Clearly not Shy!


I was a tad bit surprised to see Novartis move a patent application claiming a polymorph, without much evidence of its therapeutic superiority. Resulting in a rejection from the  Indian Patent Office. Here is what the Assistant Controller, Dr Archana Gupta states: “The patent application no. 305/DELNP/2009 was filed on 14/01/2009 by the applicant entitled “Crystal Form of Epothilone B and use in Pharmaceutical Compositions”. Objections: 1. Subject matter of the claims do not constitute an invention under section 2[1(j)] of…


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Others

SpicyIP Jobs: Senior Associates (Litigation) at Inttl Advocare, New Delhi


We’re pleased to inform our readers that Inttl Advocare, one of India’s leading IP boutique law firms is looking to immediately hire lawyers for the position of Senior Associates in its Litigation team. For further details, please see the job description below: Position Senior Associate – Litigation  Responsibilities The selected candidate will be responsible for closely working with a team of IPR attorneys providing best in class services to clients of repute. Apart from drafting pleadings, notices/responses/oppositions, they will also brief…


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