After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it. While multiple detailed assessments of this Draft Decision are due in course, I’ll quickly highlight a few key pointers which stand out (for better or worse) Footnote 1: Defines ‘eligible Members’ to…

Of cosmetics, insolvency and trademarks

by Aparajita Lath June 17, 2022

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As reported, Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media. Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. From offering vegan nail polishes, to natural lipsticks and lip balms, to entering into foreign collaborations, a lot is going on in the Indian cosmetics space. It may…

COVID-19 Others Patent

Strong Statement by India at the 12th WTO Ministerial Conference

by Swaraj Paul Barooah June 15, 2022

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In an official statement at the 12th WTO Ministerial Conference, that was both blunt and sharply worded, India’s Union Minister Piyush Goyal quite openly called out the developed nations on at least three major points: 1) diluting the “TRIPS Waiver” to the extent that its little more than existing compulsory licensing provisions; 2) their delaying tactics over the waiver; and 3) as well as their attempt to portray themselves as caring for the developing world while actually hardly moving the…

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Algorithmic Transparency and the Smart State

by Aparajita Lath June 13, 2022

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While the Joint Parliamentary Committee (JPC) released its much-awaited report on a sparkling new data protection legislation late last year, as reported, the bill may be scrapped for a completely new law. The personal data protection bill had created significant buzz in the industry and society. So much so, the JPC received feedback from over 200 stakeholders representing a cross-section of society. After years of consultations from 2018 onwards, the bill transformed from a ‘Personal Data Protection Bill’ to a…

Some Reflections on “Present at Creation”

by SpicyIP June 12, 2022

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We’re pleased to bring you a post by Prashant reflecting on a book that we’d mentioned recently on the blog – Dr. R.V. Vaidyanathan Ayyar’s “Present at Creation”. As had been mentioned in that earlier blog post, Dr. Ayyar’s 421 paged “Present at Creation: The Making of Internet Treaties 1996” is perhaps the first book that focuses on the negotiating history of the two 1996 Internet Treaties – the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty…

Opportunities

Call for Applications: Research Positions at Centre for Communication Governance (CCG) at NLU, Delhi [Apply by June 20]

by Pankhuri Agarwal June 11, 2022

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We’re pleased to inform you that the Centre for Communication Governance at National Law University (NLU), Delhi is inviting applications for Community Engagement and Strategic Development positions at the Centre. For details, please read the announcement below. Call for Applications for the Community Engagement and Strategic Development Positions (i) Community and Engagement Associates, (i) Community and Engagement Officers, (ii) Strategic Development and Partnerships Associates, and (ii) Strategic Development and Partnerships Officers The National Law University Delhi (‘University’), through its Centre…

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TRIPS Waiver: Is There Anything To Gain?

by SpicyIP June 10, 2022

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We’re pleased to bring you a guest post with an update on the Covid-19 TRIPS waiver proposal, from Sreenath Namboodiri. You can read the previous posts we’ve had on the TRIPS Waiver here. Sreenath is Assistant Professor at School of Law, Christ (Deemed to be University) Delhi NCR. His research focuses on intellectual property rights in relation to health systems, sustainable development and innovation, pharmaceutical patents, knowledge governance, and technology and law. Since 2013, he has been an honorary fellow…

Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value?

by SpicyIP May 25, 2022

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We’re pleased to bring you a guest post by our former blogger Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here and here. Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value? Aparajita Lath As reported on SpicyIP here, the Supreme Court has held that copyright infringement under Section 63…

The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act

by SpicyIP May 24, 2022

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meme text: If i download a movie in jamaica, am i a pirate of the carribean

We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. The post is co-authored by Akshat Agrawal and Sangita Sharma. Sangita is a 3rd year student at Gujarat National Law University and has written for us earlier here. Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. He has written for us earlier here. The Supreme Court’s Unsettling…

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IP Reveries: Class 3: Parsing the P -‘Property’ of IPR

by Swaraj Paul Barooah May 23, 2022

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thaumatrope on "information economics" as one image, and "private property" as the second image

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure. For an introduction to this new IP Reveries series, please check the introduction…

Aparajita Lath { Hi Amit - thank you so much for your comment and these insights! As you point out there is an easy, practical or technical fix to this. The... }
Shobhit { Thats the whole problem with this line of judgment. Even a modest 1000 cr. brand can never protect its IP as the court fee itself for each suit... }
Anon { See paras 42 - 46 of vishal judgment. The Delhi High Court and Kerala High court held that the valuation of the suit for the purposes of Court... }
Anon { See paras 42 - 46 of vishal judgment. The Delhi High Court and Kerala High court held that the valuation of the suit for the purposes of Court... }
Shobhit { Also, to highlight another interesting development from the ground, an order by a District Commercial Court observing: "Consequent upon directions of Delhi High Court in case ' Vishal... }

De-Coding Indian Intellectual Property Law

Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)

Of cosmetics, insolvency and trademarks

Strong Statement by India at the 12th WTO Ministerial Conference

Algorithmic Transparency and the Smart State

Some Reflections on “Present at Creation”

Call for Applications: Research Positions at Centre for Communication Governance (CCG) at NLU, Delhi [Apply by June 20]

TRIPS Waiver: Is There Anything To Gain?

Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value?

The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act

IP Reveries: Class 3: Parsing the P -‘Property’ of IPR