Annual IP Teaching Workshop At NLU Delhi

/ By / Event

We are happy to bring to your attention the IV Annual IP Teaching Workshop at NLU Delhi on 14th and 15th February, 2015. Please note that the last date for submitting the application is January 5, 2015. IV Annual IP Teaching Workshop – 2015 14th & 15th February, 2015 National Law University Delhi Organised by National Academy of Law Teachers, National Law University Delhi in association with School of Law, University of Washington, Seattle USA Background: IV Annual IP Teaching […]

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Free Webinar on Eligibility of Software Patent Claims in the USA by ipMetrix

/ By / Event

On 6th January 2015, ipMetrix is hosting a free webinar on  ‘Eligibility of Software Patent Claims in the USA in view of DDR Holdings, LLC v. Hotels.com, L.P.’. Event details are as follows: ‘Bilski and Alice have set the standard of review required in assessing eligibility of patent claims aimed at software based inventios. As it stands, business methods and software based inventions are not barred from patent eligibility as such. However, a case by case approach to review eligibility

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Darius Kavsmaneck v. Ghadra Chemicals: A Derivative Action Patent Suit

/ By / Patent

The Bombay High Court on 12th December, 2014 came out with an interesting decision that was a confluence of company law and patent law. Using the principles of company law, the Court decided that the plaintiff in this case cannot bring a derivative action suit to restrain the defendant from alienating a patent that is held in his name. The plaintiff was a shareholder of company ‘A’, which is the first defendant. The suit was against the Chairman of the Company

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A note of caution on ‘Make in India’

/ By / Others, Trademark

[*Long post] Given the media publicity, most of you must have come across the new flagship program of Narendra Modi Government – the ‘MAKE IN INDIA’ program. The program is designed to facilitate investment, foster innovation, enhance skill development, protect intellectual property and build best-in-class manufacturing infrastructure. At the outset, I would like to commend the way in which the program has been put across (or say, marketed) to the rest of the world. As I understand, Indian diplomatic missions were

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SpicyIP Events: IP Emerging Issues

/ By / Event

University of Washington School of Law and Indian Society of International Law is organizing an exciting event on January 16, 2015 on ‘IP Emerging Issues Dialogue’. Many distinguished speakers from around the world including judges from the U.S., Australia, India, academics from Thailand, U.S., Japan, China and India, representatives from the WIPO, USPTO, Bayer (Germany), Microsoft (India) will be speaking on a global IP issues, Role of Patents in Medical Science Innovations, Access to Health Care, and Standard Essential Patents. Our

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Injunction Against OnePlus Vacated: Del HC Advises Caution While Granting Orders Without Hearing the Other Side

/ By / Trademark

If someone were to study injunctions and the law applicable to them, the SEP wars raging on in the Delhi High Court would provide some confusing perspectives. We had blogged a while ago about the injunction granted against OnePlus in a suit initiated by Micromax for the prevention of the breach of an exclusive license agreement with Cyanogen for the CyanogenMod OS. OnePlus appealed this before the Division Bench of the Delhi High Court which vacated the ad-interim injunction. Quite

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SpicyIP Review (7th to 20th December, 2014)

/ By / Others

The period with Xiaomi’s injunction, appeal and Bayer’s SLP It is only fitting that I begin a Review of this eventful period with the highlights. Gopika reported on what is our first highlight, the ex-parte injunction granted against Xiaomi in a suit filed by Ericsson for alleged infringement of their SEP portfolio. Gopika points out that there are reasons why restraint from granting an injunction in this matter would have perhaps been a better course. Xiaomi had also appealed the

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Merry Christmas. We have news!

/ By / Copyright

Christmas is a season for celebrating hope.And oh boy, we have hopeful news for you. The famed DU copyright case (complete with its own excellent Christmas jingle) has crossed the stage of arguments in the Delhi High Court. We await the judgment from Justice Endlaw, hopefully in early 2015. It is interesting to ponder on the fact that the injunction in this case was granted in 2012.Therefore, this injunction has been in force for over two years while arguments continued.

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National IPR Policy 1st draft is out

/ By / Copyright, Innovation, Others, Patent, Trademark, Traditional Knowledge

The Department of Industrial Policy and Promotion (DIPP) has put up the 1st draft of the National IPR Policy submitted by the IPR Think Tank chaired by Justice Prabha Sridevan. The draft, dated 19th December, appears to have been uploaded today. Presumably the ‘confidential’ tag that it displays no longer applies. While I’ve only been able to glance at it so far, it does appear to be a balanced document and a positive step forward. We shall bring you a

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Patent extinguished due to non payment of annuity

/ By / Patent

I used to think ‒ ‘he said, she said’ ‒ the classic ‘blame game’ rooted in miscommunication ‒ was the exclusive domain of love stories of 20 year olds. Apparently not. This blame game seems to have transcended from whimsical love stories to graver issues of patents. I was reading ‘IP Expressions’ and it is clear that payment of fees by the patentee, to keep his patent alive, has been around for eons! But this seemingly harmless administrative procedure has

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