Events

SpicyIP Events: 5th International Patent Drafting Competition to be Conducted by IIPRD and K&K


We’re pleased to announce that the Institute of Intellectual Property Research and Development (IIPRD), along with Khurana & Khurana, Advocates and IP Attorneys (K&K) is organizing the Fifth International Patent Drafting Competition (IPDC) from September 2 to September 25, 2019. SpicyIP readers interested in participating can enjoy a discount of 50% on the participation fee. They’ll be required to pay only INR 500 instead of INR 1000. For further details, please read the post below: 5th International Patent Drafting Competition…


Read More »
Designs Trademark

SpicyIP Fellowship 2019-20: “See you in Court, Alligator?” The Delhi High Court Rules in Favor of Crocs Over Passing Off of a Registered Design


We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her third submission for the Fellowship. “See you in Court, Alligator?” The Delhi High Court Rules in Favor of Crocs Over Passing Off of a Registered Design Arushi Gupta On 4th June, 2019, the Delhi High Court delivered an interim order regarding the age-old conflict “brewing” between Carlsberg Breweries…


Read More »
Others

7th SpicyIP Fellowship 2019-20: Application Deadline Extended to July 31, 2019


As announced last month, SpicyIP is inviting  applications for the 7th SpicyIP Fellowship 2019-20. If you have an interest in IP law and love legal research and writing, look no further! Apply immediately to become a SpicyIP Fellow! The deadline for submitting applications has now been extended from July 15 to July 31, 2019. Year after year, our fellowship series has attracted some of the brightest minds to the world of IP. If you are wondering whether it’s worth applying for…


Read More »
Others

SpicyIP Weekly Review (July 1-7)


Thematic Highlight  Pankhuri released the second post in the blog post series on The Sustainable Seed Innovations Project. In her post, she provides a brief look into Phase I and II of the Project. Phase I seeks to look into the incentives for farmer-level seed innovations from indigenous varieties in India and research about the the role of public recognition for farmers’ seed innovation in creating such incentives. Phase II seeks to publish a position paper for the Government of India, spread stories of…


Read More »
Patent

Government’s Dilution of Patent Working Disclosure Requirements and the Implications on Compulsory Licensing


A few weeks ago, Pankhuri had released a post on the Government’s proposed revisions to Form 27, provided in the Draft Patent (Amendment) Rules, 2019.  Before I delve into the implications of these revisions, a brief recap of the relevant legal provisions and the events which led to this state of affairs is required to give readers more clarity on this pressing issue. Compulsory Licensing, Patent Working and Form 27-A Short Introduction Section 146 (2) of the Indian Patent Act…


Read More »
Innovation Others Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project : Background


We’re pleased to bring to you the second post in the blog post series on The Sustainable Seed Innovations Project that we had launched last week. In this post, the research team of the project provides insight into the background of the project. The Sustainable Seed Innovations Project : Background SSI 2.0 Research Team This is the impact-acceleration stage of a project led by PI Professor Gregory Radick, Centre for History and Philosophy of Science at the University of Leeds Co-I Dr. Mrinalini Kochupillai,…


Read More »
Geographical Indication

Issues Pertaining to Geographical Indications in the Tobacco Plain Packaging Case before the WTO (Part II)


In Part I of this post, I had discussed the Panel’s findings on Article 22(b) of TRIPS in the Tobacco Plain Packaging case. In Part II, I will examine the second GI issue, on detriment to pre-existing rights in geographical indications. Article 24.3: Pre-Existing Rights in GIs Prior to the coming into force of TRIPS, different jurisdictions protected geographical indications in different ways. While in some jurisdictions GIs were protected under trademark law, others relied on common law doctrines to…


Read More »
Geographical Indication

Issues Pertaining to Geographical Indications in the Tobacco Plain Packaging Case before the WTO (Part I)


Recently, I had the opportunity to work on the Panel Report in the Tobacco Plain Packaging case at the WTO. It brought forth several interesting questions on the intersection between health, policy-making, trade and intellectual property rights. It also places TRIPS obligations relating to trademark and GIs under the scanner, with question marks raised over whether the interpretation given by the Panel supports a good faith interpretation of the treaty. While much has been written about the issues pertaining to…


Read More »
Geographical Indication Trademark

An Update on the Tobacco Plain Packaging Case at the WTO


A little over a year ago, a Panel formed under the auspices of the World Trade Organisation published a report that found Tobacco Plain Packaging Measures (the ‘TPP Measures’) rolled out in Australia to be compliant with obligations under international trade agreements. This decision was hailed as a victory against the tobacco lobby, which has rallied against TPP Measures at several levels, including domestic courts and international investment tribunals. However, this decision has also attracted plenty of criticism (see here…


Read More »
Others

SpicyIP Weekly Review (June 24-30)


Thematic Highlight In a guest post, Dr Sunanda Bharti shared her views on sarees as a subject matter of intellectual property rights. Specifically, she argues that the methods of draping sarees can be protected as Traditional Cultural Expression. She notes that the use of these methods would constitute misappropriation if used commercially or in a manner that offends the culture. Further, she posits that these rights may be implemented through the Domaine Public Payant method, where the government collects revenue…


Read More »