Trademark

Delhi High Court Examines Intermediary Liability for Trademark Infringement (Part – I)


In a significant judgement for e-commerce in India, the Delhi High Court in Christian Louboutin SAS v Nakul Bajaj and Ors., (decided on November 2), has recently attempted to clarify the responsibilities and liability of online intermediaries for trademark infringement. The judgement both clarifies and in some part obfuscates India’s intermediary liability regime as it relates to trademark infringement. Ms. Justice Prathiba Singh’s judgement is particularly important considering it is the first time the issue of trademark infringement by online…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (II)?


We’re pleased to bring to you Part II of the fifth post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. Part I of the post can be viewed here and all the earlier posts in the series, here. Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (II)? Prof. (Dr.) N.S. Gopalakrishnan Concept of benefit sharing The origin and development of the concept of benefit sharing is…


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Patent

A Disgruntled Law Professor’s Open Letter to the US Supreme Court!


We’re pleased to bring you an unconventional post. A hilarious hard hitting letter penned by Prof. Glynn S. Lunney, Jr. to the US Supreme Court, taking issue with the uncertainty unleashed thanks to the doctrine of equivalents, as elucidated in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. This letter is likely to resonate with many of us who’ve been at the receiving end of court decisions that may be difficult to understand, much less teach. Professor Lunney is an…


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Others

SpicyIP Weekly Review (October 29-November 4)


Thematic Highlight In his latest post on the issue, Rajiv discusses the impact of a recent UK case on Standard-Essential Patent (SEP) litigation. He provides excerpts portions of the judgment that encapsulate the judgment and brief and confines his analysis to the issues of global portfolio licensing and valuation of patents. He also highlights certain flaws in the judgment and concludes by highlighting the disparity in jurisprudence across jurisdictions on royalty payments. Topical Highlights In her guest post, Simrat Kaur…


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Competition Law Drug Regulation Privacy

All You Need to Know About the New CCI Policy on Healthcare-Part II


I had written a post few days ago covering the main highlights of the CCI’s press release on its Policy Note on healthcare. In my post, I had summarized and explained the main aspects of the Note (covered by the press release) and observed that though the Policy Note doesn’t really bring in many new recommendations, it does pay heed to the current shift from price control mechanisms to rationalisation of trade margins. With the recent release of the Policy…


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Competition Law Drug Regulation

All You Need to Know About the New CCI Policy on Healthcare-Part I


It’s been around a week since the CCI released its press release on its policy note on ‘Making Markets Work for Affordable Healthcare’. In the past, the CCI has recognized the need to address issues in the healthcare industry on several occasions. For instance, it has observed in a past order that the lack of competitive forces in the pharmaceutical market has resulted in “innovative business practices, superior services, consumer choice, lower prices, etc.” taking a back seat. (In fact,…


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Unfair Competition

An Oxymoron by Definition – The Decision by UK Court of Appeal in Unwired Planet v. Huawei


A Google search throws up some amusing examples when one searches for oxymoron examples.           The recent decision by the UK Court of Appeal in Unwired Planet v. Huawei (click here) is exactly that.  Why, would you ask? Because on one hand there is Brexit and on the other hand this judgement-it seeks to enforce those patents that are not under its own jurisdiction.  Ergo-oxymoron.  Perhaps some part of the judgement seems to be yearning for…


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Copyright

Registration of RMPL as a Copyright Society – Will It Set the Stage for New Repertoire of Problems?


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 has recently started independent practice under the banner “The Endretta”. Registration of RMPL as a Copyright Society – Will It…


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Others

SpicyIP Weekly Review (October 22-28)


Stay updated with our recap of this week’s posts! Thematic Highlight  Prashant provided his latest report on the burgeoning Bedaquiline controversy. In his previous posts, he had commented on The Hindu’s lack of reportage on the harmful effects of this drug. In this post though, he reports that a Hindu correspondent visited the patients who were being given this drug and it was discovered that the patients were neither informed about the deaths in the Phase 2B trials nor were…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (I)?


We’re pleased to bring to you the fifth post in the ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. The earlier posts in the series can be viewed here. Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (I)? Introduction One of the significant contributions of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 is the Chapter on Farmers’ Rights. It is intended to comprehensively…


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