Call for Papers: NLSIU’s Indian Journal of Law and Technology

/ By / Publication

We are happy to bring to the attention of our readers the Call for Papers of NLSIU’s Indian Journal of Law and Technology. Please find the same below. Call for Papers: NLSIU’s Indian Journal of Law & Technology: Submit by January 31st, 2016 About the Journal: The Indian Journal of Law and Technology (IJLT) is a student-edited, peer-reviewed, completely open access law journal published annually by the National Law School of India University, Bangalore. The IJLT is the first and only law […]

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New trademark rules up for comment, fees doubled

/ By / Trademark

The Department of Industrial Policy and Promotion (DIPP) has released the a draft of the proposed new Trademark Rules. The new rules provide for applications for sound marks, eliminates the provision for search by the Registrar for any prior, registered mark that resembles the mark for which trademark registration is sought and has provisions relating to international applications for marks originating in India. The rules do seem to create any new procedure or mechanisms to either tackle the immense backlog for

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SpicyIP Tidbit: US and Switzerland back out of NVC norm

/ By / Patent

Earlier this year, Swaraj had written a detailed post about the US and Switzerland were threatening India’s pharmaceutical policy, including Section 3(d)  with a controversial norm known as NVC. NVC stands for Non-Violation Complaint  and the provision would allow a WTO member to bring complaints to the WTO even if the TRIPS agreement was not violated. As Swaraj had stated, “A “non-violation” complaint is one wherein a WTO member alleges that despite no actual violation of an Agreement, there has been

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INTA to launch a new searchable guide on GIs, Collective and Certification Marks

/ By / Geographical Indication, Trademark

Come December 2015 and INTA members will have access to a searchable guide to Geographical Indications, Collective and Certification Marks. Titled “Geographical Indications, Certification Marks, and Collective Marks: An International Guide” it was designed to offer members assistance in the above mentioned fields, particularly considering the inconsistencies and lack of uniformity in the law across jurisdictions with regards to GIs. One of the Principal Editors of the guide was Ms. Latha R. Nair (partner at K&S Partners) who in this

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SpicyIP Weekly Review (15-22 November, 2015)

/ By / Others

Highlight of the Week This week’s highlight has to be Rupali’s excellent post on the TPP, in which she mounts a multi-front attack on the agreement’s IP provisions. After pointing out the lack of transparency in its negotiation process, she highlights the problems surrounding patent term extensions, data exclusivity and patent linkage. I highly recommend reading the longer, original piece over at The Wire – it’s worth your time, trust me. Shruthi then put up a tidbit on Naik Naik

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Should royalty be paid for government taxes, duties, marketing etc.

/ By / Competition Law, Patent

This post deals with two issues in separate parts. Part I deals with the practical problem presented by some, and in my view, incorrect orders of the Delhi High Court. Part II deals with a possible solution to the problem. Last year we had written about order of Delhi High Court directing ad-interim payments to be made by Micromax Informatics to Telefonaktiebolaget LM Ericsson. This decision made the basis on which further orders related to different parties were given. For

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SpicyIP Tidbit: Naik Naik & Co launches a media and entertainment law certificate course in collaboration with ILS Law College, Pune

/ By / Others, Sponsored

Naik Naik and Company, Mumbai will be conducting a three day certificate course on media and entertainment laws from 4th to 6th December, 2015, in collaboration with ILS Law College, Pune. The course is being conducted by Mr. Ameet Naik, Founder and Managing Partner of Naik Naik and Company and an alumnus of ILS, along with Ms. Madhu Gadodia and Mr. Ravi Suryawanshi, Partner-Media and Entertainment division of Naik Naik and Company. The certificate course is a specialised one in Media &

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Why the TPP could kill access to medicines

/ By / Data Exclusivity, Drug Regulation, Others, Patent

In an article published on 16th November, 2015 in the Wire, I have analysed the Patent section of the Intellectual Property chapter of the Trans-Pacific Partnership Treaty, a regional free trade agreement involving the US and 11 other countries and 40% of the world GDP that was released earlier this month. Negotiated in secret, the Treaty has been controversial for adopting TRIP plus standards in IP, threatening internet freedom, endangering the rights of labour, health and the environment, and, largely furthering

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Weekly Review (8th – 15th November)

/ By / Others

Our Highlight of the Week is Balaji’s post dealing with the fascinating and complex nexus between Trade Secret protection and the Right to Information, following up from his previous post on the case of Ferani Hotels v. State Information Commission and Ors. He discusses the dearth of High Court (and lack of Supreme Court) cases dealing with this issue, and then moves on to discussing certain specific, and curious, instances of these interactions. He discusses the trade secret protection available

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Trade Secrets and the Right to Information: Thoughts on Ferani Hotels v. State Information Commissioner [Part II]

/ By / Overlaps in IP, Trade Secret

In my previous post, I discussed the Bombay HC’s ruling in Ferani Hotels v. State Information Commissioner and Ors., in which the Petitioner attempted (unsuccessfully) to prevent the Bombay Municipal Corporation from disclosing its real estate development plans under an RTI application. As I mentioned there, the Supreme Court has never had to issue a decision on S. 8(1)(d) of the RTI Act, which provides for the protection of trade secrets and other information of commercial confidence from disclosure. The

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