Others

SpicyIP Weekly Review (Feb 4-10)


Thematic Highlight In the first of a two-part post, I wrote on the Supreme Court’s judgment in Star India v DIPP. In its judgment, the court delineated the regulatory powers of TRAI, in light of alleged overlaps with the Copyright Act. The court noted that the regulations passed by TRAI did not tread onto the ‘broadcast reproduction right’ granted under Section 37 of the Copyright Act. In the next part, I will discuss the court’s holding on the outcome if…


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Patent

A Second Opposition Is Filed Against Janssen’s Patent Application For The Fumarate Salt Form of Bedaquiline


Multiple news outlets recently reported about a pre-grant patent opposition filed by two TB survivors, with support from MSF, against a patent application filed by Janssen for a salt form of its experimental TB drug bedaquiline. In a press note put out by MSF, it was claimed that this opposition “…is the first ever challenge against a TB drug patent in India”. This is a factually incorrect statement. The patent application under challenge, as per Sandeep Rathod’s analysis of the…


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Drug Regulation Patent

Guest Post (Adarsh Ramanujan): Why Donald Trump’s Union Address Matters for Pharma Patents in India


We’re pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an advocate primarily assisting clients as a litigation attorney. He has recently started his own counsel practice with offices in Delhi and Chennai after having spent considerable time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. He is a qualified Patent Agent…


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Copyright Others

Supreme Court on TRAI’s Regulatory Powers (Part 1)


In this belated two-part post, I will try to unpack a judgment of the Supreme Court (available here) from October 2017, on the scope of TRAI’s regulatory power with respect to broadcasting services. It reached the Supreme Court in appeal after the Madras High Court dismissed the writ petition in a split decision. This case was about an unsuccessful challenge to the validity of certain provisions in the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order 2017 (‘Tariff…


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Others

SpicyIP Weekly Review (28th January-3rd February)


Divij wrote a post  about the recently released draft intermediary guidelines. In his post, he specifically focusses on Draft Rule 3(9) which provides for “automated tools” and “appropriate mechanisms” for identifying “unlawful” online content. Noting the response to the similar proposed changes to the EU Copyright Directive, he analyses the various adverse impacts the Rules may have on copyright  law and access to knowledge. Rishabh wrote about a worrying development in the IPAB; the Board has allegedly been conducting hearings…


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Copyright

Draft Intermediary Guidelines Rules will Undermine Fair Dealing and Access to Knowledge Online


The Ministry of Information Technology has released a draft of proposed changes to the Intermediary Guidelines Rules, 2011, made under Section 79 of the Information Technology Act, 2000 (“IT Act”). Section 79 provides that certain categories of intermediaries which merely host third party content shall not be liable for such third-party content, provided that certain conditions are complied with, which is known as a ‘safe harbour’. Compliance with the Intermediary Guidelines Rules drafted under Section 79 is a pre-requisite to…


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Others Trademark

IPAB Conducts Hearings and Passes Orders Despite Losing Quorum


It has recently come to our notice that the Intellectual Property Appellate Board (IPAB) has been conducting hearings and passing orders without the quorum mandated in the Trade Marks Act! Section 84(2) of the Trade Marks Act, read with Rule 20 of the IPAB (Procedure) Rules, 2003, require the presence of one Judicial Member and one Technical Member on the bench to form a quorum. Any order passed or hearing conducted without a quorum would, therefore, be illegal. Prof. Basheer…


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Others

SpicyIP Weekly Review (Jan 21-27)


Thematic Highlight Our thematic highlight came from Prarthana, who wrote on the impact of intellectual property law may on culture. In her post, she discusses the meaning of the term ‘cultural appropriation’, which she notes may be lost due to incorrect usage. She notes that the crossroads between intellectual property and culture comes most concretely in WIPO’s draft articles on ‘traditional cultural expressions’, which speaks of protecting community rights over cultural expressions and manifestations. She concludes by discussing two recent…


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Others

When IP Law and Cultural Appropriation Meet At a Crossroad…


Can a culture die? It’s debatable. Can a culture be erased from the memories of the public and/or assimilated completely into a dominant culture? When we think of the loss of several Indian languages, the whitewashing of our favourite Disney heroes, the loss of cultural identities of indigenous people across the world and other similar instances, it seems quite plausible, doesn’t it? And this issue lies at the heart of the discourse surrounding cultural appropriation. Quite simply put, cultural appropriation is the…


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Events

SpicyIP Events: 15th ITechLaw 2018 International India Conference (Jan 30 – Feb 1, Bangalore)


We’re pleased to inform you that ITechLaw is organising the 15th ITechLaw 2019 International India Conference from January 30, 2019 to February 1, 2019 at the JW Marriott in Bangalore. For further details, please read the announcement below: 15th ITechLaw 2018 International India Conference (January 30 – February 1, 2019, Bangalore) The 15th ITechLaw 2018 International India Conference organised by ITechLaw is coming again to Bangalore. The conference will be held from January 30 to February 1, 2019 at the JW Marriott, Bangalore. The conference begins with a special…


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