We are pleased to bring to you a guest post by our Fellowship applicant, Kashish Makkar. Kashish is a 2nd year student at NLSIU, Bangalore. This is his first submission for the Fellowship. John Doe Orders: ‘Justice’ v. Statutory Law Kashish Makkar The preoccupation of Indian Courts with the notion of justice in disregard to rule of law is not unheard of. The Indian Supreme Court has been often criticised for the exercise of its powers under Article 142 of…

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SpicyIP Weekly Review (April 30 – May 5)

by Divij Joshi May 7, 2018

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Our thematic highlight of the week was the guest post by Ms. Simrat Kaur on the IFPI annual global music report and the state of the global recording industry. The post highlights the industry’s grouses about intermediary safe harbour laws leading to a value gap, which they are hoping to capitalize on by evolving new legal principles. Our topical highlight was Sreyoshi’s post on the final hearing in the infamous case of the Monkey’s Copyright. This appeal was an affirmation…

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SpicyIP Events: Free Online Advanced International Certificate Course on IP Asset Management for Business Success [Register by May 22]

by Pankhuri Agarwal May 4, 2018

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We are pleased to announce that the registration for Session 2 of a free online advanced international certificate course on IP Asset Management for Business Success is currently open. The course is jointly created and managed by WIPO, the Korean Intellectual Property Office (KIPO) and the Korea Invention Promotion Association (KIPA).The deadline for registration for this session is May 22, 2018. For further details, please see below: Key Dates Session 1 Registration: Mar 19 – Apr 23 Session 2 Registration: Apr 9…

‘Monkey-Selfie’ Lawsuit Comes to an End

by Sreyoshi Guha May 3, 2018

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The much talked about ‘Monkey Selfie’ lawsuit – a favourite of copyright law enthusiasts across the world, recently came to an end. As our readers are bound to recall, the dispute began in 2011, in the forests of Indonesia, where Naruto, a black macaque monkey swiped British Photographer, David Slater’s camera and clicked a selfie. Unbeknownst to Naruto, this picture soon became the reason for a lawsuit that not only lasted several years, but also became monumental in shaping the…

IFPI Music Report, 2018 Is Out with A Bunch of Healthy Sale Figures But Persisting “Value Gap”

by Pankhuri Agarwal May 2, 2018

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We are 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 has recently started independent practice under the banner “The Endretta”. While working with the said law firms, she has…

Oracle v Google – US Court of Appeals Rules Against Google’s ‘Fair Use’ of Oracle’s Java APIs

by Divij Joshi April 30, 2018

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Another day, another multi-billion dollar judgement potentially hazardous to the software development community. In the latest round of the Oracle v Google dispute over the use of Java (Oracle) API’s in Android (Google), the Court of Appeals for the Federal Circuit of the United States (CAFC) overturned the lower court’s jury verdict that Google’s use of Java APIs was fair, and remanded the case back to trial (for the third time) on damages that Google would have to pay –…

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SpicyIP Fortnightly Review (April 17-29)

by Sreyoshi Guha April 30, 2018

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Topical Highlight The topical highlight for this fortnight was Rajiv’s analysis of the recent ruling of the United States Supreme Court (USSC) in the case of Oil States Energy Services v. Greene’s Energy Group, upholding the legality of the post grant review process before the Patent Trial and Appeals Board. Going over the facts and procedural history of the case, Rajiv notes that the process for post grant review was brought into American patent law by way of the ‘America Invents…

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World IP Day, 2018: Celebrating Women in IP

by Sreyoshi Guha April 26, 2018

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Every year, the 26th of April is celebrated as the World IP Day, to promote the role of IP in encouraging innovation and creativity. Pursuant to this goal, WIPO marks the occasion each year, with a ‘novel’ theme. This year, the World IP day campaign “celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future.” Keeping very much with this theme, we are pleased to commemorate this year’s…

Geographical Indication

GIs for Food Stuffs: IP or RecIPe?

by Pankhuri Agarwal April 25, 2018

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We are pleased to bring to you a guest post by Ms. Latha Nair. Latha is a partner with the IP boutique K&S Partners, a pioneering firm in the area of GI practice. In this brilliant post, she analyses the propriety of registering every regional food stuff as a geographical indication (GI). Here’s a ‘taste’ of her post: “Over the decades, every traditional regional recipe has travelled the length and breadth of the country, providing gustatory comfort to its natives…

Patent

US Supreme Court Upholds Post Grant Challenge Process to Patents

by Rajiv Kr. Choudhry April 25, 2018

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Yesterday’s decision by the United States Supreme Court (USSC) in Oil States Energy Services v. Greene’s Energy Group et al. upholds the legality of the post grant review process at the Patent Trial and Appeals Board. The review process was initiated for the first time in US patent law history by the America Invents Act in 2011. Procedural History: The Appellant / Oil States had a patent relating to tech. for equipment used in hydraulic fracturing. It sued Greene’s Energy Group for infringement at district…