This post is in continuation to my previous post (here) discussing the copyright infringement suit filed by academic publishers against Sci-Hub and Libgen, particularly the dynamic injunction sought by the plaintiffs. Here, I discuss the applicability of the fair dealing exception to the use of copyrighted works on the defendant websites in the instant dispute. Fair Dealing Even if the court rules that the defendant websites were indulging in activities amounting to copyright infringement, it is necessary for the court…

Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part I

by Nikhil Purohit December 28, 2020

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Recently, three major academic publishers Elsevier, Wiley, and American Chemical Society filed a copyright infringement suit in the Delhi High Court against two groups of websites going by the names ‘Sci-Hub’ and ‘Libgen’ which provide free access to millions of research papers/books. The plaintiffs have sought a permanent injunction against these websites and a dynamic injunction order so that the mirror links of these websites can be blocked as and when the plaintiffs notify. Additionally, the plaintiffs have sought an…

The Legality of the Appointment of the 5 Technical Members to the IPAB

by SpicyIP December 28, 2020

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Prashant Reddy, one of our most prolific bloggers, is back with a guest post, questioning the legality of the appointment of the 5 Technical Members made to the IPAB earlier this year. The Legality of the Appointment of the 5 Technical Members to the IPAB Prashant Reddy Continuing from Praharsh’s earlier post on the Supreme Court’s judgment on the legality of the Tribunal Rules, 2020, I would like to briefly comment on the legality of the appointments of the 5…

SpicyIP Weekly Review (December 21 – 27)

by Adyasha Samal December 28, 2020

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Topical Highlight Time to More Seriously Question the Spectre of Copyright in the Realm of Education Swaraj reported that SciHub and LibGen were taken to court by Elsevier UK, Wiley India, Wiley Periodicals USA, and American Chemical Society for copyright infringement, seeking a dynamic injunction. He highlights several issues that are likely to gain attention regarding this dispute – the contrast between the heavy profit-making, increasingly online model of the publishers and Sci-Hub and LibGen’s complete non-profit, no charge, no…

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions

by Praharsh Gour December 25, 2020

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Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court passed a detailed judgement in Madras High Court Bar Association v. Union of India last month, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (or Tribunal Rules 2020). Among other things, the decision is crucial for its observation on appointment of the Chairpersons, Vice-Chairperson and Technical Members to…

Trademark

IPAB’s Order Staying ‘N95’ Trademark Registration Highlights Systemic Failures

by Adarsh Ramanujan December 24, 2020

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Introduction In an order earlier this month, the IPAB issued an interim stay of the operation of the trademark registration for the word ‘N95’ (registration number 4487559 in class 10). The IPAB prima facie held that ‘N95’ is a generic word and could not have been registered under section 9 of the Trade Marks Act. I have no comment on the outcome of the order, and frankly, it is doubtful whether the registration would survive a final hearing. There have…

Time to More Seriously Question the Spectre of Copyright in the Realm of Education

by Swaraj Paul Barooah December 23, 2020

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"The case against IP" on SSRN being charged 8$ for access

Several students and researchers may have noted that social media was recently abuzz with the news that SciHub and LibGen were being taken to court for copyright infringement, by Elsevier Ltd. (UK), Wiley India, Wiley Periodicals (USA), and American Chemical Society (USA). The giant publishers seem to be asking the court to grant a dynamic injunction against these ‘rogue websites’, so as to block them en masse. The case is up for hearing before the Delhi High Court tomorrow (24th…

Patent

The Section 3(e) Soup: What Makes for Synergistic Effect?

by Adyasha Samal December 23, 2020

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Earlier this month, Pune-based home maker Shubhangi Patil was granted a patent over her unique ragi walnut soup mix composition (Edit: Application No. 201621034764). The mix claims to combine ragi (finger millet) and walnut to create a nutrient-rich substitute for non-vegetarian foods containing calcium, Omega-3 and Omega-6 fatty acids which can be used to treat Vitamin B12 deficiency. According to the patentee’s statements to The Hindu’s Business Line, she invented the soup out of necessity owing to her husband’s health…

Patent

SEPs and Confidentiality Clubs: Protecting Fair Play from Excessive Secrecy

by Nikhil Purohit December 22, 2020

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InterDigital, in its ongoing SEP infringement dispute with Xiaomi, proposed a Confidentiality Club for sharing confidential documents to assess whether the licensing terms being offered by InterDigital were on FRAND basis. While both parties were in agreement with the thought of having a confidentiality club, it is the structure of this club that was opposed by the defendants. Particularly, InterDigital’s proposal sought to restrict access to certain confidential information from the defendant’s representatives, and to be subject only to external…

Design Others Patent Trademark

SpicyIP Weekly Review (December 14 – 20)

by Adyasha Samal December 21, 2020

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Topical Highlight India on TRIPS Waiver: Will WTO pass the test of humanity? Swaraj gave us an overview of India’s statement on the on-going TRIPS Waiver proposal, delivered at the WTO TRIPS General Council Meeting held from 16th-18th December, 2020. He explains that India strongly appealed to WTO’s responsibility to respond during this time of crisis and also pointed out that COVAX and ACT-accelerator were inadequate to meet global needs. India’s statement also indirectly calls out the hypocrisy in developed…

AJAY AMITABH SUMAN { Thanks Praharsh for Sharing on view. The article is based mostly on “Merck Sharp & Dohme Corp v. Sanjeev Gupta” Judgement. But even that Judgment, the Hon'ble High... }
AJAY AMITABH SUMAN { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. While issuing the notice... }
Adyasha Samal { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. That does not require interference into market forces.... }
Adyasha Samal { Sir, I cannot locate the stay order. Could you please provide a link? }
Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }

De-Coding Indian Intellectual Property Law

Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part II

Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part I

The Legality of the Appointment of the 5 Technical Members to the IPAB

SpicyIP Weekly Review (December 21 – 27)

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions

IPAB’s Order Staying ‘N95’ Trademark Registration Highlights Systemic Failures

Time to More Seriously Question the Spectre of Copyright in the Realm of Education

The Section 3(e) Soup: What Makes for Synergistic Effect?

SEPs and Confidentiality Clubs: Protecting Fair Play from Excessive Secrecy

SpicyIP Weekly Review (December 14 – 20)

Patent Drafting Positions

DIGITAL Fellowship 2021