Call for Abstracts: LSE Symposium on The Access, Use and Circulation of Biogenetic Resources: The Nagoya Protocol and Implementing Measures [September 11-12]

/ By / Event

We are pleased to announce that the London School of Economics is calling for abstracts for its symposium on The Access, Use and Circulation of Biogenetic Resources: The Nagoya Protocol and Implementing Measures, scheduled to be held on September 11-12, 2018. The deadline for submitting abstracts is May 20, 2018. For further details, please read the post below: Call for Abstracts: LSE Symposium on The Access, Use and Circulation of Biogenetic Resources: The Nagoya Protocol and Implementing Measures September 11-12th 2018 […]

Call for Abstracts: LSE Symposium on The Access, Use and Circulation of Biogenetic Resources: The Nagoya Protocol and Implementing Measures [September 11-12] Read More »

When the Guard of the “Boll-Guard” Fell!

/ By / Patent

We are pleased to bring to you a guest post by Dr. Deepa Kachroo Tiku on the recently delivered judgment by the Delhi High Court in the Monsanto-Nuziveedu dispute. Dr. Deepa is a partner at K&S Partners and based out of the Gurgaon (Nation Capital Region) office. She is a registered Patent Agent with the Indian Patent Office and an attorney at law. She specializes in the area of Life Sciences, with an emphasis on patent drafting, prosecution and contentious practice,

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SpicyIP Weekly Review (April 8 -14)

/ By / Others

In case you missed this week’s posts, don’t worry, here’s a roundup below – The topical highlight of the week is Prashant’s post on the long running dispute regarding the patentability of Monsanto’s BT Cotton. In a significant ruling, the Delhi High Court denied Monsanto patent protection for its claim over a particular genetic sequence. The HC rejected the claim on the grounds that it was not patentable subject matter under Section 3(j), which prohibits the grant of patents for

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Delhi High Court’s Judgment in Monsanto v. Nuziveedu Delivers a Deadly Blow to the Agro-biotech Industry

/ By / Overlaps in IP, Patent, Plant Variety Protection

A Division Bench of the Delhi High Court recently pronounced its judgment in the long running litigation between Monsanto and Nuziveedu. The present judgment was delivered in cross appeals filed by both parties against the order of a single judge of the Delhi High Court that was delivered last year. To describe the judgment briefly, the court has delivered a knock-out punch to Monsanto, by declaring invalid its patent for Bt. Technology because Section 3(j) of the Patents Act prohibited

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Justice Prabha Sridevan and Prof. Srividya Raghavan on Patent Local Working and Safeguarding India’s Sovereignty

/ By / Patent

Recently, Justice Prabha Sridevan (former Madras HC judge and IPAB Chairperson) and Prof. Srividya Raghavan (Professor at Texas A&M University School of Law) wrote an insightful editorial on India’s patent working disclosure requirement in the Hindu. In this hard hitting piece, they argue that this requirement is part of India’s exercise of its sovereign right and fulfillment of its constitutional duty to ensure access to medicines and protect public health. Patent Working Information and Access to Medicines Justice Sridevan and

Justice Prabha Sridevan and Prof. Srividya Raghavan on Patent Local Working and Safeguarding India’s Sovereignty Read More »

Supreme Court Affirms that Only ‘Government Works’ under the Copyright Act Qualify as ‘Protected Systems’ under IT Act

/ By / Copyright

In B.N. Firos v State of Kerala and Ors., the Supreme Court of India, on March 27, held that only those ‘computer systems’ may be designated as protected system under the Information Technology Act, which qualify as ‘Government Works’ under the Copyright Act. Background The present dispute related to the ownership of copyright in software which was being used by the Government of Kerala for a project known as FRIENDS (Fast, Reliable Instant, Efficient, Network for Disbursement of Services). The

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Where’s the Surcharge? : Of TM Renewals & Procedural Deficiencies

/ By / Trademark

Last month, the Delhi High Court’s Division Bench delivered a rather interesting decision on trademark renewals in the case of Epsilon Publishing House v. UOI & Ors. In September of last year, Epsilon (petitioners/appellants) filed a writ petition before the Delhi High Court challenging the renewal of the respondent’s trademark “LOKPRIYA EASY NOTES” bearing application number 1006905. Back then, the court via Justice Bakhru dismissed the writ petition, holding that the renewal was good in law. The petitioners (/appellants) appealed

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SpicyIP Fortnightly Review (March 25 – April 7)

/ By / Others

The thematic highlight for this fortnight, is Rahul’s post on the recent Bombay HC judgment that held copyright registration mandatory for maintaining an action of infringement. Rahul notes the Court’s flawed reasoning that since, under section 50-A, registration is the only way to inform the public of copyright in a work, this is indicative of legislative intent to make registration mandatory. The Court also applied this reasoning to hold that several other provisions would be deemed unworkable if registration was

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SpicyIP Fellowship 2018-19: Basmati Wars – Peril for Madhya Pradesh and GI Issue with Hybrids of Basmati

/ By / Geographical Indication

We are pleased to bring to you a guest post by our Fellowship applicant, Rishabh Mohnot. Rishabh is a 3rd year student at National University of Juridical Sciences (NUJS), Kolkata. This is his first submission for the Fellowship. Rishabh had also written a post for us last year during his internship. Basmati Wars: Peril for Madhya Pradesh and GI Issue with Hybrids of Basmati Rishabh Mohnot On March 15, 2018, the Geographical Indications (GI) Registry passed an order rejecting Madhya

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Patent Office Publishes Stakeholders’ Comments on Patent Working Issues and Form 27

/ By / Patent

In compliance of the order passed by the Delhi High Court on 15th March in Prof. Basheer’s Patent Working PIL, the Patent Office has published on its website the comments received by it from stakeholders on issues relating to patent working provisions (including Form 27). This is a very welcome move and the speed of the Indian Patent Office needs to be appreciated. The full text of the comments can be viewed here and a brief summary of each of

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