SpicyIP Weekly Review (December 24 – 30)

/ By / Others

Prateek brought us this week’s thematic highlight, with the second part to his post on seizure of medicines in transit. In this part, he discusses two things in particular: (i) the EU law on seizure of drugs in-transit; and (ii) the international legal framework governing the same. Prateek explores the former by briefly analyzing the relevant case law, in light of two important EU Regulations. He, then, reflects upon the international framework as applicable to in-transit drugs, by discussing the […]

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Determination of FRAND royalty – TCL v. Ericsson LM

/ By / Competition Law, Patent

In my first posts in 2017, I had discussed various FRAND / SEP issues that were raised in the Qualcomm matters in Korea, and the US.  I end the year with a similar post on FRAND issues.  Together these decisions bring clarity to what is FRAND and hopefully will help the Indian brands as well in their litigation against SEP owners.  This post arises from the determination of FRAND rates in TCL Mobile Limited, and TCT Mobile v. Telefonaktiebolaget LM Ericsson, Case

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A Look Back at India’s Top IP Developments of 2017

/ By / Others

It is that time of the year again when we look back and take stock of all the significant IP developments that India witnessed during the year gone by. While it might be fair to say that this year was quieter for the Indian IP landscape as compared to the last year, there were still a number of important developments that took place. This year, we have divided these developments into four categories: a) Top 10 IP Cases/Judgments (Topicality/Impact) b) Top 10 IP

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PPL’s Festive Victories: Wins Favourable Orders from Both Madras & Bom HC

/ By / Copyright

Keeping with what appears to have become a sort of tradition around this time of year, (see here) PPL recently kicked up quite the storm(s) at the High Courts of Madras and Bombay. Right before the courts shut for the festive season, PPL managed to get favourable orders from both the courts – against certain restaurants, pubs, bars and other venues (hereinafter, defendants). The orders were a result of several suits instituted by PPL against the aforementioned defendants, apprehending the

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2017 Asian Edition of WIPO-WTO Colloquium Research Papers Launched

/ By / Publication

We are pleased to announce the recent launch of the 2017 and the first Asian edition of the ‘WIPO-WTO Colloquium Research Papers’, a joint publication by the WIPO Academy and the WTO Intellectual Property, Government Procurement and Competition Division. The publication is a compilation of fourteen research papers from the 2017 Regional WIPO-WTO Colloquium for IP Teachers and Scholars in Asia that was held in Singapore in February this year. By way of background, the WIPO-WTO series of annual colloquia for

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Part II: Seizure of Medicines In Transit #EU Law, TRIPS, Doha Declaration & GATT

/ By / Drug Regulation, Others

In Part I, we discussed a WHO Discussion Document, along with broad issues at play, regarding seizures of in-transit medicines. Over the course of this post, we will be covering the following: I. The European Union (EU) Law on Seizure of Drugs In-Transit. II. TRIPS, Doha Declaration and the GATT. A thorough introduction to the issue can be found here. The EU Law on Seizure of Drugs In-Transit Understand the EU law is relevant as the majority of reported in-transit seizures

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SpicyIP Weekly Review (December 17-23)

/ By / Others

Merry Christmas to all our readers! We’ve had an exciting week at the blog, with some major developments breaking on the blog: The topical highlight for the week is Prashant’s post on IPRS’s re-registration as a copyright society. This comes in the aftermath of a long and bitter battle for the control over the copyright society and its functioning, polarizing artists and music labels. The registration is the outcome of a reconciliation between the two groups, forged particularly through the

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Does the Copyright Act Stand in the Way of Access to Legislations? : PIL Claims Bare Acts by Private Publishers Infringe Govt’s Copyright

/ By / Copyright

It is no secret that the governments in India, both Union and State, have a dismal record in maintaining an authentic and easy to access database of legislations and judicial/executive decisions. Although things might have marginally improved over the last few years, most of the government websites continue to have a poor track record of collating legislations and judicial/administrative orders coherently. Legislations along with their amendments and connected sub-ordinate legislations are more often than not scattered across different websites and

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SpicyIP Events: Workshop on Trademark Strategies in Europe, Mumbai

/ By / Event

We are happy to announce that Boehmert & Boehmert, Patent Attorneys, Germany will be conducting a workshop on Trademark Registration, Protection and Enforcement in Europe on Monday, January 22, 2018 in Mumbai. For further details, please read the workshop announcement below: Trademark Strategies in Europe: Workshop by Boehmert & Boehmert, Patent & Trademark Attorneys, Munich, Germany This workshop will give you all the recent updates you need to secure, protect and enforce your trademarks in a constantly changing legal environment in Europe with special

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IPRS Gets Re-registered as a Copyright Society – Akhtar & Saregama Bury the Hatchet

/ By / Copyright

The Indian Performing Rights Society (IPRS) has at long last been re-registered as a copyright society, under the Copyright Act, by the Registrar of Copyrights. The re-registration took place on November 28, 2017. As our readers may be aware, IPRS has been ‘ground zero’ for the turmoil and conflict between the authors and the music labels over the control of copyright societies. Originally constituted in 1969, as a company limited by guarantee under the Companies Act, 1956 IPRS was first

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