Others

Call for Proposals for a Book Project Titled ‘Forgotten Intellectual Property Lore’

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We are pleased to announce that Prof. Shubha Ghosh, Crandall Melvin Professor of Law and Director of Technology Commercialization Law Center at Syracuse University College of Law is inviting proposals for a book project, tentatively titled ‘Forgotten Intellectual Property Lore’. The deadline for submission of proposals is June 30, 2018. For further details, please read his post below. Call for Proposals for Book Project Titled ‘Forgotten Intellectual Property Lore’ Prof. Shubha Ghosh I am happy to announce the recent publication of…


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Events

SpicyIP Events: 4th Annual Refresher Course for Law Teachers on Developmental Perspectives on IPRs [CUSAT Cochin, June 22-29]

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We are pleased to announce that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is hosting a seven-day exhaustive training programme for law teachers from 22nd to 29th June, 2018. The theme for 2018 is “Collective forms of IP”. The deadline for submission of applications is May 15, 2018. For further details, please read the post below: Announcing the 4th edition of our Annual Refresher Course on IPR for Law Teachers on Developmental Perspectives of Intellectual Property Rights,…


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Copyright

Videos Mocking Rahul Gandhi Taken Down From You Tube

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Two videos mocking Rahul Gandhi were taken down from a pro-Modi YouTube channel after the Congress served it with copyright violation notice, reported Times of India. The channel, “I Support Narendra Modi,” had posted two short clips which made fun of Congress president Rahul Gandhi’s public interaction at a Singapore university. These clips had added commentary in overlaid text making fun of the Congress president. According to the Congress, the original videos were shot by the Singapore University and they were uploaded under “Standard YouTube…


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Copyright

In the Name of the Author & the ‘Mukhda’: Assessing the Economics of Moral Rights (Part I)

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It has been said that when a work is created, it assumes the personality of the creator; that it is an extension of the author’s own personhood. In extension of this theory, it has also been agreed that the author assumes over the work created by him, certain rights that are not only inalienable to him (i.e. rights that are absolute; that cannot be transferred) but also, are unique only to him – the human creator of the work. In…


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Events

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

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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…


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Patent

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

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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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Others

SpicyIP Weekly Review (April 8 -14)

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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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Overlaps in IP Patent Plant Variety Protection

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

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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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Patent

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

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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…


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Copyright

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

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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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