Inviting Applications for the SpicyIP Doctoral Fellowship!

/ By / Opportunities

Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship. Please see all details as below:  Eligibility: 1. Candidate must be a current doctoral candidate at a university located in India, or a candidate who has received an admission offer for a doctoral programme that is to start prior to Dec 31st, 2023, at a university located …

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Announcing the SpicyIP Empirical Scholarship Database Series!

/ By / Copyright, Patent, Publication

Moving from Faith-based positions to Fact-based positions has been a topic that Prof Shamnad Basheer had long been propounding on this blog, with several prominent examples such as the petition to the Government to make Indian patent information available online more than 15 years ago, to displaying glaring gaps in Form 27 declarations, from the “Indian Bayh Dole” issues, to countering claims about textbook prices, and more. Indeed, this commitment to fostering accountability and transparency in the Indian IP eco-system …

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World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain

/ By / Others

In a landmark order regarding right to publicity, the Single Judge Bench held in the case of Digital Collectibles vs Galactus Funware Technology Pvt Ltd  that the use of publicly available information of a celebrity will not amount to infringement of right to publicity. Contributing significantly to defining the scope of publicity rights, the Court said that in the absence of statutory basis for right to publicity, one must rely on principles of the tort of passing off. It further …

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Agreement on Royalty Sharing Signed between ISRA and Music Labels!

/ By / Copyright

[This post has been authored by SpicyIP Intern Surmayi Khatana. Surmayi is a second year student pursuing LL.B from Government Law College, Mumbai.] On April 25, 2023, it was reported that the Indian Music Industry (IMI) and the Indian Singers Rights Association (ISRA)  have entered into an agreement whereby the member singers of the ISRA, have been promised royalties for their works. Apparently, negotiations for the agreement have been on for a while and the agreement was signed in October …

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Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

/ By / Patent, Trademark

On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here, here, here, here and here) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objection, rejecting …

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SpicyIP Weekly Review (May 1 – May 6)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Srujan Sangai. Srujan is a Second Year student at the National Law School Of India University, Bengaluru and has a keen interest in IPR and Technology Law. His previous posts can be accessed here and here.] After a busy week at the blog, here are the quick summaries of the 9 posts, 11 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? …

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All’s Fine with Pine Labs as Karnataka HC Vacates the Problematic Interim Injunction Order on the Point of Sale Machine

/ By / Patent

[This post is co-authored by SpicyIP interns Rohan Srivastava and Srujan Sangai. Rohan and Srujan are Second Year students at the National Law School Of India University and have a keen interest in IPR and Technology Law. Rohan’s previous post can be accessed here and Srujan’s previous post can be accessed here.] In March 2023, the Karnataka High Court in Innoviti Payment Solutions v Pine Labs, vacated an interim injunction order passed by the trial court in favor of Innoviti Payment …

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Music to Many Ears! Bombay High Court Passes a Landmark Order Recognizing the Right to Receive Royalties by Authors of Underlying Works

/ By / Copyright

[Long post ahead]  In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd and Indian Performing Rights Society Ltd. v. Music Broadcast Ltd. (pdf) and clarified that post the 2012 amendment, communication of a sound recording to the public …

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Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi, June 3-7]

/ By / Courses & Workshops, Event

We are pleased to announce that Third World Network (TWN) and Inter-University Centre for IPR Studies, Cochin University of Science and Technology, Kochi are jointly organizing a five-day course/workshop on ‘Access To Medicines, TRIPS and Patents in the Developing World’ from June 3-7, 2023 at Kochi, Kerala. The last date to apply for the workshop is May 5, 2023. For further details, please read the call for applications below: Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi, …

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s] As previously discussed in Part I, Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity …

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