Others Patent

Sisvel v Haier: SEP Case Law from Germany


The SEP negotiation framework is a multi-faceted one since it involves Patent Law, Competition Law and Contract Law considerations. India does not have a SEP negotiation framework like the one laid down by the CJEU in Huawei v ZTE. [The Delhi High Court, in Ericsson v CCI, has made a reference to the CJEU judgment in Huawei v ZTE]. It is not that the CJEU judgment has removed all the ambiguities in the SEP negotiation framework. On the other hand,…


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Copyright

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part II


This post is in continuation to my previous post (here) on the National Digital Library of India’s Copyright Guide. Here, I discuss how the Copyright Guide’s Templates of Declaration demonstrate a flawed understanding of fair dealing and user rights under the Indian Copyright Act. Is the concept of “Fair Dealing” in the Indian Copyright Act related to Libraries clearly explained? If not, please indicate the aspects that are not sufficiently clear. The Guide adopts the progressive legal ontology of calling…


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Copyright

National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I


The National Digital Library of India (NDLI) has come up with India’s first Copyright Guide for Indian Libraries. The stated objective of NDLI is to educate, enable and empower the youth using quality knowledge and learning resources while harnessing the power of the digital medium. This Guide has been created, keeping in mind our current age where new technologies and gatekeepers of knowledge make it difficult for librarians to understand and deal with multiple issues pertaining to copyrights. It is…


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Opportunities Patent

CUSAT’s Webinar on ‘Patented Medicines and Price Control – Impact on Access to Medicine’ [October 6]


We’re pleased to inform you that Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), Cochin, is organising a webinar on ‘Patented Medicines and Price Control – Impact on Access to Medicines’ on  6th October, 2020. For further details, please see the announcement below: Webinar on ‘Patented Medicines and Price Control – Impact on Access to Medicine’ | October 6 Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), Cochin, is conducting…


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Copyright Geographical Indication Others Trademark

SpicyIP Weekly Review (September 20 – 27)


Topical Highlight University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’ Praharsh discussed the IPAB’s order allowing an appeal against the Controller of Patents’ rejection of the University of Miami’s application over a pharmaceutical composition for treatment of cancer. The Controller had rejected the application stating, among other things that: a) the additional documents submitted by the appellant to explain the post research scenario were grossly substantive and result of further…


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Opportunities

Lawctopus’ Online Certificate Course on Intellectual Property – Law and Practice [Oct 1 – Dec 30]


We’re pleased to inform you that Lawctopus is offering an online certificate course on Intellectual Property – Law and Practice from October 1 to December 30, 2020. The deadline for registration is September 30, 2020. For further details, please read the announcement below: Lawctopus’ Course on Intellectual Property – Law and Practice  With the rapidly developing technology and inventions and the increasing number of businesses, every year, protection and enforcement of intellectual property have become of utmost importance. The legal…


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Opportunities

The Law Gazette’s 1st National IPR Quiz Competition for Law Students [October 4]


We’re pleased to inform you that the Law Gazette is organising its 1st National IPR Quiz Competition for law students on October 4, 2020. The deadline for registration is October 3, 2020. For further details, please see the announcement below: TLG’s 1st National IPR Quiz Competition  The Law Gazette presents its 1st National IPR Quiz Competition in the memory of Late Professor Dr. Shamnad Basheer, an eminent Indian legal scholar and founder of the blog SpicyIP as well as IDIA, a trust…


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Trademark

Khadi v. Khadi – KVIC’s Clash at the EUIPO


We’re pleased to bring to you a guest post by L. R. Vijaypriya, discussing the trademark registration of ‘Khadi’ in the name of a German company at the EUIPO, the cancellation petition filed by KVIC and its final outcome. Vijaypriya is presently pursuing her LL.M. in IP and Competition Law from Munich Intellectual Property Law Centre (jointly run by Max Planck Institute for Innovation and Competition, University of Augsburg, Technical University of Munich and George Washington University, Washington). She is a…


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Trademark

Bona Fide or Not?: Usage of Common Surnames as Trademarks


We’re pleased to bring to you a guest post by Varsha Jhavar, analysing a recent trademark law decision (Anil Rathi v. Shri Sharma Steeltech), whereby the Delhi High Court rejected the plea for usage of a surname in the course of trade, on the ground that the use was not in a bona fide manner. Varsha is a 5th year student at Hidayatullah National Law University, Raipur. She recently won the second prize for the 1st Shamnad Basheer Essay Competition…


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Patent

University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’


For the fourth time in past two months the IPAB allowed an appeal against the order of the Controller and granted patent in favor of the appellant. The IPAB through order dated 25th August, 2020, (pdf) allowed an appeal against the Controller of Patents’ (Respondent) rejection of  the University of Miami’s (Appellant) application over a pharmaceutical composition comprising “Topical Co-enzyme Q10 (CoQ 10) Formulations and Methods of use” for treatment of cancer. Among other reasons, the Controller had deemed that…


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