Patent

Delhi High Court Issues Anti Anti-Suit Injunction in InterDigital v. Xiaomi Patent Infringement Dispute

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing the Delhi High Court’s recent order granting an anti anti-suit injunction in the patent infringement dispute between InterDigital and Xiaomi. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also a founder…


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Copyright Drug Regulation Patent Trademark

SpicyIP Weekly Review (October 5 – 11)

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Topical Highlight IPAB to Fix Statutory Licensing Rate for Radio Royalties after 10 Years In this post, Adyasha discusses the IPAB’s recent interim order which maintains the status quo of the royalty rate for radio broadcasts under statutory licensing. Subsequently, IPAB issued a public notice inviting suggestions from stakeholders regarding fixing royalty rates. Adyasha analyses the context in which Section 31D of the Copyright Act was added by way of amendment in 2012 to note that the purpose of the…


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Copyright Patent Trademark

Limited Edition Products and Their Interface with Copyright, Design and Trademark Laws

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We’re pleased to bring you another guest post by Dr. Sunanda Bharti, discussing the interface of limited edition products with copyright, design and trademark laws in India, in light of the cancellation of Ferrari’s trademark registration for the shape of its 250 GTO car (only 39 units of which were produced between 1962 and 1964) by EUIPO in July this year. Sunanda is an Assistant Professor in Law at Delhi University and has written several guest posts for us, the…


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Trademark

Time to Add the Discrimination Dimension to Grounds of Refusal for Trademark Registration?

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We’re pleased to bring you a guest post by Dr. Sunanda Bharti, discussing the position of law on registration and use of discriminatory trademarks and the need for prohibition on the same, in light of the recent ‘Fair & Lovely’ trademark controversy. Sunanda is an Assistant Professor in Law at Delhi University and has written several guest posts for us, which can be viewed here. Time to Add the Discrimination Dimension to Grounds of Refusal for Trademark Registration? Sunanda Bharti…


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Copyright

IPAB to Fix Statutory Licensing Rate for Radio Royalties after 10 Years

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In a significant development, the IPAB has passed an interim order maintaining status quo of the royalty rate for radio broadcasts under statutory licensing. This was followed by a Public Notice seeking suggestions from stakeholders with regard to the fixing of royalty rates by IPAB. Background Section 31D of the Copyright Act, 1957, which was added by the Copyright (Amendment) Act, 2012, empowers the Appellate Board to fix royalty rates for performances or radio or television broadcasts of literary and…


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Copyright Others Patent

SpicyIP Weekly Review (September 28- October 4)

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Topical Highlight National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I In this post, Anupriya reviews the copyright guide brought out by the National Digital Library of India (‘NDLI’) for Indian libraries for which comments were sought till September 30, 2020. At the outset she notes that the introduction to the guide should contain greater reference to user rights and the important role of libraries in furthering access. She then notes the unclear position of the Copyright…


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Patent

Chinese Court Issues Anti-Suit Injunction Re Pending Delhi HC Case by InterDigital against Xiaomi

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing the implications of a recent Chinese Court order granting an anti-suit injunction against InterDigital in respect of patent infringement proceedings against Xiaomi in the Delhi High Court and InterDigital’s anti-anti-suit injunction application filed against Xiaomi before the Delhi High Court response to this order. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology…


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Opportunities

Free Online Course on Intellectual Property [Register by October 14]

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We’re pleased to inform you that a free online course on intellectual property is being offered for students on the e-learning platform SWAYAM by Yogesh Pai, Assistant Professor of Law, Coordinator of IPR Chair and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University, Delhi. For further details, please see the announcement below: Join the Online Course on Intellectual Property Title: SWAYAM (Free) Course  ‘Intellectual Property’ About the Course: The course is launched on the…


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Copyright

Copyright Doctrine of Conceptual Separability: Separating the Artistic from the Utilitarian

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We’re pleased to bring to you a guest post by Varsha Jhavar, discussing the legal position on the conceptual separability doctrine, which allows copyright protection of artistic features of a useful article if they can be conceptually separated from the utilitarian aspects of the article, in United States (US) and India. Varsha is a 5th year student at Hidayatullah National Law University (HNLU), Raipur. She recently won the second prize for 1st Shamnad Basheer Essay Competition on IP Law that…


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COVID-19 Patent

The Public Interest Defence, and the Public Interest Offence – What Is The Way Forward In This Pandemic?

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Meme frowning at the statement "Patent Rights devoid of socio-economic context", and smiling at the line "Patent rights part of social-bargain with public"

[This post was co-authored by Varsha Jhavar and myself. Varsha is a 5th year student at Hidayatullah National Law University, Raipur. She recently won the second prize for 1st Shamnad Basheer Essay Competition on IP Law that was conducted by us earlier this year. She has also guest blogged for us earlier here.] On December 24th, 2019, the Delhi High Court had granted an ad-interim injunction in favour of Bristol Myers Squibb Holdings Ireland (BMS) for the infringement of patent number 247381 associated with…


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