Others

The Nature of Orders and Quorum Requirements at the IPAB (Part II)


In the previous part of this post, I had argued that there is no exception to the quorum requirements on the basis of the nature of the order. Therefore, even if the orders passed by the IPAB without quorum were administrative orders (which I argued were not), they would not be free from the quorum requirements. In this part of the post, I try to delve deeper into Section 84 of the Trade Marks Act and check whether the Chairman’s…


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Others

Delhi High Court Issues Notice to DIPP on Vacancies at IPAB


Recently, the Delhi High Court took cognizance of the inconvenience caused to litigators due to vacancies at the IPAB (covered on the blog earlier here and here) and issued a notice to the Department of Industrial Policy and Promotion (DIPP) demanding a status report on the appointment of Technical Members to the IPAB. The status report submitted to DIPP revealed that advertisements to fill the posts of Technical Members for the Copyright and Trademarks side (2 members each) and Patents…


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Others

Texas A&M University Offers Scholarships to Indian Students for its LL.M. and M.Jur. Programs


We’re pleased to inform you that the Texas A&M University is offering scholarships (covering 50% of the tuition fees) for prospective students from India for its IP Law as well as General LL.M. and M. Jur. programs this year. For further details, please read the announcement below: Texas A&M University Launches in India in a Big way for its LL.M. and M.Jur. Programs with Offers of Scholarships to Indian Students The Texas A&M University launches into India in a big…


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Others

SpicyIP Weekly Review (April 22-28)


Thematic Highlight In her second application for the SpicyIP Fellowship 2019-20, Arushi wrote a post on Article 13 (now Article 17, in the final text) of the EU Directive. In her post, she focusses on the economic rationale of copyright law i.e., the trade-off between the cost of creation and the incentive to create. She concludes that Article 13 fails to balance this trade-off due to overuse of automation and the threats it poses to the participatory culture of the internet….


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Innovation Others Patent

US Trade Representative Special 301 Report 2019: “Phir Ek Baar, Priority Watch List Ki Vaar”


aka the Priority Watch List Strikes Again. For the 27th year in a row, India has made it to the infamous Priority Watch List in the Special 301 Report – an annual classification exercise by the office of the US Trade Representative, meant to put pressure on nations allegedly not complying with United States’ domestic standards for intellectual property protection. The list classifies certain countries as belonging to a ‘watch list’, or a ‘priority watch list’, and is meant to…


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Copyright

SpicyIP Fellowship 2019-20: Article 13 (of the EU Directive) and The Economics of Copyright Enforcement in the Digital Age


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 second submission for the Fellowship. Article 13 (of the EU Directive) and The Economics of Copyright Enforcement in the Digital Age Arushi Gupta On 26th March 2019, the Parliament of the EU passed the amended EU Copyright Directive. In previous posts on SpicyIP, here and here, the developments…


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Patent

Who am I? Branding the Indian Patent Office as an “Adjudicative Regulator”


Some of you may have heard of an exceptional book series on intellectual property (IP) called “Kritika”. Published by Edward Elgar and edited by the wonderful trio of Professor Peter Drahos, Hanns Ullrich and Gustavo Ghidini. In their third volume, we (Rahul Bajaj and me) have contributed a chapter on the Indian patent office titled “Who am I? Of Patent Independence and ‘Adjudicative Regulators’”. This SSRN link offers you a free download of the near final version of this piece….


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Publication

Call for Submissions for Vol. 15 of the Indian Journal of Law and Technology


We are pleased to announce that the Indian Journal of Law and Technology (IJLT) is inviting original and unpublished manuscripts for publication in Volume 15. For further details, please see the call for submissions below: The Board of Editors of the Indian Journal of Law and Technology (IJLT) is pleased to invite original and unpublished manuscripts for publication in Volume 15 due to be submitted by the 10th of May, 2019. About the Journal The Indian Journal of Law and…


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Events

SpicyIP Events: Interactive Session on “Best Practices in IPR” by PHD Chambers of Commerce and Industry & United IPR on World IP Day [April 26, 2019]


We’re pleased to announce that PHD Chambers of Commerce and Industry in collaboration with United IPR is organizing an interactive session on ‘Best Practices in IPR’ on April 26, 2019 in New Delhi. For further details, please read the announcement below: Event on “Best Practices in IPR” this World IP Day at PHD House, New Delhi In the spirit of celebrating this World IP Day, PHD Chambers of Commerce and Industry in collaboration with United IPR is organizing an interactive…


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Others

SpicyIP Weekly Review (April 15-21)


In a guest post, Shalini Bhutani argues that the Protection of Plant Varieties and Farmers Rights Act 2001 is likely to have a detrimental impact on the well being of farmers. She highlights the recent string of  lawsuits filed by PepsiCo India, asserting breeder rights in varieties of potatoes against farmers in Gujarat, to caution that the pro-farmer aspects of the legislation could be in serious threat. SpicyIP Events Pankhuri informed us of the 2019 WIPO-UNIGE Summer School that will…


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