SpicyIP Weekly Review (January 7 – 13)

/ By / Others

Kick starting this week, Pankhuri announced the 14th ITechLaw 2018 International India Conference, to be organized by ITechLaw, from January 31, 2018 to February 2, 2018 at the Ritz Carlton hotel in Bangalore. The conference theme for this year is ‘The Fourth Industrial Revolution: Challenges Ahead for India.’ Notably, ITechLaw is offering special discounted prices to local India delegates and in-house counsel members. All those interested may register here. Next, we had Pankhuri posting on behalf of Prof. Basheer, who reported the recent Delhi HC ruling on a […]

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Delhi High Court Makes Clear that Patent Working Information is not “Confidential”

/ By / Patent

The Delhi high court order on “patent working” that we blogged about earlier is now available on our resource page here. As you can see, it is a very well reasoned order. And one of the few decisions that is not unduly long winded, but short, crisp and legally lucid. Here are the key excerpts from the decision. Am reproducing the introductory paragraphs of the courts ruling, since the court captures the core essence of the petition quite well. The court

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Breaking News: Delhi High Court Asks Govt. for Status Report and Action Taken on Patent Working

/ By / Patent

(This post has been authored by and published on behalf of Prof. Shamnad Basheer) Some great news at long last! Many of you may recall that along with the indomitable Sai Vinod, I’ve been trying to persuade the Patent Office to ensure that it takes the patent working disclosure requirement more seriously and force patentees to comply with this important “transparency” requirement. To this end, I had filed a PIL in 2015. Court Ruling Today: Background For some background on

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SpicyIP Events:14th ITechLaw 2018 International India Conference, Bangalore

/ By / Event

We are pleased to announce that ITechLaw is organising the 14th ITechLaw 2018 International India Conference from January 31, 2018 to February 2, 2018 at the Ritz Carlton hotel in Bangalore. Register before January 12, 2018 to avail the early bird discount. For further details, please read their announcement below: 14th ITechLaw 2018 International India Conference (January 31 – February 2, 2018, Bangalore) The 14th ITechLaw 2018 International India Conference organised by ITechLaw is returning to Bangalore this year.  The conference will

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SpicyIP Weekly Review (December 31-January 6)

/ By / Others

Hello, readers! The first week of the year has been quite exciting for the blog, with our year-end review of 2017 in Indian IP, Prof. Basheer kicking off SpicyIP’s Interview Series, and Prashant breaking some major developments at the IPAB, along with some other interesting reads and news. Pankhuri curated our Top 10 lists for 2017 as a year in review post. The post highlights crucial developments in four fields – a) Top 10 IP Cases/Judgments (Topicality/Impact) b) Top 10 IP Cases/Judgments

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‘BOOKMY’  Row – Delhi High Court Denies ‘bookmyshow’ an Interim Injunction Against ‘bookmysports’

/ By / Trademark

The Delhi High Court in Bigtree Entertainment v Brain Seed Sportainment, recently denied the Plaintiffs, proprietors and owners of the website bookmyshow.com, an interim injunction against the Defendant’s use of the domain bookmysports.com. Ms. Justice Gupta’s order is important to inquire into, largely due to the court’s analysis of the Plaintiff’s prima facie case. Background and Contentions The Plaintiff operates a popular online ticketing platform known as bookmyshow. It has also secured registration in BOOKMYSHOW word marks and logos under classes

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Interim Arrangements : Frequent and Effective in SEP Litigation in India

/ By / Patent

We are pleased to bring to you our first guest post for the year by Ms. Punkhuri Chawla. Punkhuri is a Research Analyst at the Jindal Initiative on Research in IP and Competition (JIRICO) at the O.P. Jindal Global University. Interim Arrangements – Frequent and Effective in SEP Litigation in India Punkhuri Chawla Philips filed one of the earliest SEP litigations in India in the year 2009, pertaining to its DVD technology.[1] It was one of the first cases, in which

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SpicyIP Interview Series (1): Justice Prabha Sridevan on Life, Laughter and IP

/ By / Others, Patent

As promised in our new year post on the relativity of “newness” (and the impending death of the patent system), we bring to you our freshly minted SpicyIP Interview series. And who better to kick this off than the inimitable Justice Prabha Sridevan. She hardly needs an introduction, as her legacy is stamped indelibly on many a fine Indian IP decision (which she penned both as high court judge and later, as the Chairman of the Intellectual Property Appellate Tribunal[IPAB]).

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Obsessing on Newness: The Death of Patents?

/ By / Innovation, Patent

And it’s the dawn of another New Year. With “new” resolutions, resolves and all of that. But as a witty whatsapp forward notes, this one is rather special. For our millennium has just come of age! Its’ turned 18 (2018) —the age of majority in most countries. So hopefully we’ll see the show shaping of adulthood this year. But what of IP? IP is about “newness” after all. And, as a society, we’re obsessed with newness. Ti’s only fitting therefore

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Justice Manmohan Singh Appointed as IPAB Chairperson under Potentially Illegal Tribunal Rules – Continues to Hold the Post of Chairperson of Appellate Tribunal for Forfeited Property

/ By / Others

After more than a year of speculation, retired Delhi High Court judge, Justice Manmohan Singh has been appointed as the Chairperson of the IPAB, presumably under the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017. These rules which have been notified under the Finance Act, 2017 are under constitutional challenge before the Supreme Court for impinging on the independence of the judiciary. Even more strangely, the notification mentions that Justice Manmohan Singh

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