Others

SpicyIP Weekly Review(May 28-June 3)


It has been quite a busy and unique week. Busy because of the quantum of output and unique because we had the honour of Justice G.S. Patel, a sitting Bombay HC judge, penning a guest post for us. To make the week sweeter, SpicyIP was listed 8th in the top 100 IP blogs on Feedspot’s website. Thematic Highlight The week’s thematic highlight has to be the exchange between Justice G.S. Patel and Prof. Sarnoff regarding whether copyright protection is content…


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Events

SpicyIP Events: 2nd AIPLA Women in Intellectual Property Networking Event


We are pleased to announce that the Women in IP Committee of American Intellectual Property Law Association (AIPLA) is organizing the 2nd AIPLA Women in Intellectual Property Networking Event on June 5th, 2017 at the Indian Habitat Centre, New Delhi. For further details, please read their note below: 2nd AIPLA Women in Intellectual Property Networking Event, India To be held on June 5, 2017 At India Habitat Centre, New Delhi. AIPLA (American Intellectual Property Law Association) represents a wide and diverse spectrum of individuals…


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Copyright

Bollywood’s ‘Raabta’ with Copyright Infringement


The upcoming hindi film ‘Raabta’ was recently slapped with a copyright infringement suit by the producers of the Telugu film ‘Magadheera’. (Interestingly, according to recent reports, Telugu writer, SP Chary has alleged that the story behind ‘Magadheera’ was copied from his book, ‘Chanderi’ – but we’ll pick up on this thread another time). Both films involve lovers who find each other in a second life (reincarnation and all that). Other similarities include parallel visualization of the two different “births” or…


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Patent

In a Landmark Decision, U.S. Supreme Court Clarifies Scope of Patent Exhaustion Doctrine (2/2)


The first part of this post can be viewed here International exhaustion: The Court then delved into the question of whether the sale of a patented product abroad would also result in the exhaustion of the rights of a patentee over that product. In answering that question in the affirmative, the Court principally relied on its landmark judgment in the case of Kirtsaeng versus John Wiley and Sons which was covered on this blog here. In Kirtsaeng, the Court had…


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Patent

In a Landmark Decision, US Supreme Court Clarifies Scope of Patent Exhaustion Doctrine (1/2)


In a landmark development earlier this week, the U.S. Supreme Court delivered a verdict that is likely to play a central role in shaping the theoretical understanding and practical application of the patent exhaustion doctrine by courts across the globe. Writing for a near-unanimous court (Justice Ginsburg disagreed with one prong of the court’s conclusion), Chief Justice Roberts ruled that: (1) a patentee is denuded of all its rights over a patented invention the moment the invention is sold in…


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Others

SpicyIP in Feedspot’s Top 100 IP blogs


SpicyIP has been ranked eighth among the world’s top 100 IP blogs by Feedspot. Feedspot is basically an aggregator which helps one to read all the relevant blogs on a particular topic at one place. For instance, if one wants to go through all the relevant blogs on landscaping, Feedspot is the platform for you. We have had quite a few achievements so far like being included in the top 50 by Managing IP, being listed as the 8th most…


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Copyright

Is Copyright Content Neutral: Prof. Joshua D. Sarnoff responds to Justice Gautam Patel


Introduction In a post that has now gone almost viral, Justice Gautam Patel reflected on the perplexing issue of whether or not copyright is content neutral. Or whether it can be subject to the filter of legality/morality. He asked a series of thought provoking questions in his post. Prof. Joshua D. Sarnoff, a widely respected professor of law at DePaul University, has now responded to some of the issues raised by Justice Gautam Patel. Prof Sarnoff has written for us…


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Copyright

Content Legitimacy and Copyright: Guest Post by Justice G. Patel


We are extremely pleased to bring to you a guest post by Justice Gautam Patel. Justice Patel needs no introduction. One of the finest IP judges to have walked the hallowed halls of the Indian legal firmament, he’s given us one insightful decision after another. He was rated as one of the top 50 IP personalities in 2014-15. In fact most of the decisions covered on this blog in the last year or so are from his stable. We are…


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Patent

Making Patents Work!


Patent Working (or the lack of it) is one of my pet peeves. Resulting in a writ petition before the Delhi high court which unfortunately remains stuck there…without much progress. So I decided to now vent through an academic piece published in the Queen Mary Journal of Intellectual Property, founded and edited by the wonderful Prof Johanna Gibson. Thankfully, its the only article thats available for free download. So if you share this peeve (or are on the other side…


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Others

Motion Picture Dist. Association’s Comment #TRAI Consultation Paper


The Motion Picture Distributor’s Association (India) Pvt. Ltd. (MPDA) sent its comments on the TRAI consultation paper on Net Neutrality. Prior to delving into the content of MPDA’s comment, let us quickly acquaint ourselves with some basic information. This is more of a detailed report, rather than an analytical piece. Basic Information TRAI released a “Consultation Paper on Net Neutrality” on 4th January 2017. The paper, essentially, discusses the possible policy regarding management of data flow over the internet. Until…


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