Copyright Innovation Others

Draft Science, Technology and Innovation Policy Proposes Major Changes to India’s Open Access Culture


[This post has been co-authored with Praharsh Gour] On 2/01/2021, the Ministry of Science and Technology rolled out the draft version of the proposed Science, Technology and Innovation Policy. The process to have a new policy, subsequent to the 2013 one, was in the works since May 2020 (see here for our coverage of the same). And after a claimed 4 track process of consultations and “nearly 300 rounds of consultations with more than 40,000 stakeholders well distributed in terms…


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Copyright

The Sci-Hub Case: Why It is Time to Stop Favouring the Doctrinal Approach to Law over an Empirical One


The Sci-Hub/Libgen case continues to generate interest from researchers across the country. We’re pleased to bring you another guest post on this issue, this time one that showcases the results of a ‘mini survey’ on users of Sci-Hub, as well as highlights the lack of empirical evidence in these debates. This post is co-authored by Anshuman Sahoo and Aditi Shirpurkar. Anshuman is a 2nd year LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. He regularly writes…


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Others Patent Trade Secret

Interdigital v. Xiaomi: Confidential Information and Open Courts


In this post on the recent Delhi High Court order in Interdigital v. Xiaomi, I highlight how the common practice of courts granting confidentiality in commercial litigation without much reasoning does not augur well for transparency, judicial accountability and the citizens’ right to be informed of Court processes and reasoning as part of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. The Public’s Right to Know The Delhi High Court’s order…


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Patent Trade Secret

Interdigital v. Xiaomi: Relevance for Defendant’s Rights beyond SEP Litigation


Recently, Nikhil covered InterDigital’s ongoing SEP (Standard Essential Patents) infringement dispute with Xiaomi, wherein a Confidentiality Club was proposed for sharing confidential documents to assess whether the licensing terms being offered by InterDigital were on FRAND (fair, reasonable and non-discriminatory) basis. The Delhi High Court in its recent order in the case rejected the plaintiff’s proposal to restrict access to certain confidential information from the defendant’s representatives, and to make it subject only to external eyes. In this post, I discuss the relevance…


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Copyright Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (December 28 – January 3)


Topical Highlight Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part I In this three-part post, Nikhil dissects the ongoing copyright litigation in the Delhi High Court by three big publishing houses, namely Elsevier, Wiley and ACM against the shadow libraries Libgen and Sci-Hub, alongwith the interpretive issues before the court. In Part I, he explains the background of the dispute and analyses the dynamic injunction plea sought by the plaintiffs. He argues that a thorough…


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COVID-19 Trademark

Tenability of Passing Off Action against ‘Covishield’ Vaccine of Serum Institute of India


As you are aware of, Covishield, the vaccine candidate of Serum Institute of India was approved by Drug Controller General of India for restricted emergency use today. Pertinently, a passing off suit was filed against Serum Institute of India by a Nanded-based pharmaceutical company Cutis Biotech last month, which claimed to be the lawful and the prior user of the trade name ‘Covishield’. The trademark applications, which were filed by the Cutis Biotech and the Serum Institute of India, are…


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Copyright Geographical Indication Patent Trade Secret Trademark

A Look Back at India’s Top IP Developments of 2020


(This post has been co-authored with SpicyIP Fellows Adyasha Samal, Anupriya Dhonchak and Nikhil Purohit.) Here’s wishing all our readers a very happy, safe and healthy new year! Unfortunately, many traditions worldwide had to be broken the past year, but here at SpicyIP we’re glad to continue our annual tradition of recounting all the significant developments that impacted the Indian IP landscape in 2020. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top…


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Copyright Privacy

‘Jhund’ Injunction Order: Copyright and Personality Rights in Real Life Stories


We’re pleased to bring to you a guest post by Shivam Kaushik, analysing the Telangana High Court’s order granting an interim injunction restraining the release of the film ‘Jhund’ in October this year. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He’s previously also written guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions – A Critique‘, ‘Reengineering of the Requirement…


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Copyright

Copyright and the Sci-Hub/Libgen Case: A Constitutional Query


text of preamble of indian constitution

By now, most readers are likely to be aware of the case against the shadow libraries Sci-Hub and LibGen, by three publishing houses. We had a post questioning why ‘poorer’ countries were still allowing copyright law to act as a hindrance to development here, and a three-part post looking into the case against Sci-Hub and LibGen, the fair dealing exception and the education use exception here, here and here. We’re pleased to now bring you an incisive post by Saral…


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Copyright

Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part III


This post is in continuation of my previous posts dealing with the background on the copyright infringement suit against Sci-Hub and Libgen (here) and the applicability of the fair dealing exception to the impugned use of copyrighted works (here). In this post, I discuss the exception in the Copyright Act for use of works for the purposes of education and the interim injunction plea sought by the plaintiffs. Education Exception Section 52(1)(i) of the Act allows for “the reproduction of…


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