Copyright Others Patent Trademark

SpicyIP Weekly Review (June 29 – July 5)


[This post has been authored by Rishabh Joshi, a 4th year student at Gujarat National Law University (GNLU), Gandhinagar.] Topical Highlights Nationalism, Drugs and Public Interest – Remdesivir and Beyond Swaraj highlights how nationalism can hinder public health in light of the ‘drug hoarding’ (Remdesivir) by the United States. He first starts by talking about how Remdesivir is not the most effective treatment for the COVID-19 virus as the improvement rate is not so high. He briefly discusses the intermingling…


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COVID-19 Drug Regulation Patent

Nationalism, Drugs and Public Interest – Remdesivir and Beyond


A few days ago, the US Department of Health and Human Services (HHS) announced that their President has struck an ‘amazing deal’ with Gilead, that ensured nearly all of Gilead’s projected production of Remdesivir for the next three months are secured by the US. “Nearly all” in this case, refers to 100% of Gilead’s projected production of Remdesivir for July, and 90% of the projected production for August and September. This is after US has already kept about 60% (940,000)…


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Copyright Others

A Look at the WTO Panel Report in ‘Saudi Arabia- Measures Concerning the Protection of Intellectual Property Rights’


Photo of Jay Manoj Sanklecha

Football fans may be aware of the joint statement last year by various sports bodies including Fifa, LaLiga, Premier League, and others, against the Saudi Arabia based beoutQ broadcaster for their unauthorized streaming of content on a commercial scale, as well as their (i.e., the copyright holders) inability to obtain legal counsel in Saudi Arabia in this matter, among other issues. In the meanwhile, Qatar had taken this matter to the WTO, and on 16th June 2020, the WTO Panel…


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Trademark

Sri Krishna Sweets Trademark Dispute: Madras HC’s Take on SC’s Patel Field Marshal Judgment


The Hon’ble Madras High Court recently explored the contours of the rather well known Patel Field Marshal judgement (covered on the blog here and here) in M. Murali v. Sri Krishna Sweets Private Limited. Patel Field Marshal judgment The takeaways from the Patel Field Marshal judgment are quite straightforward. The Hon’ble Supreme Court held that all questions regarding the validity of a registered trademark are to be decided by the IPAB, thereby precluding the jurisdiction of civil courts. The IPAB’s…


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Copyright

Copyright and Webinars: Ownership, Licensing and Fair Use


We’re glad to bring to you a guest post by our Fellowship applicant, Shivam Kaushik, discussing issues relating to copyright ownership, licensing and use of the content and recordings of webinars under the Indian copyright law. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. His previous guest post on the blog can be viewed here.   Copyright and Webinars: Ownership, Licensing and Fair Use Shivam Kaushik Covid-19 has brought all the conventional learning methods to a…


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Opportunities Sponsored

TAMU School of Law Announces Its Academic Partnership with GNLU for LL.M. Pathway Program


We’re pleased to inform you that Texas A&M School of Law is partnering with GNLU for an LL.M. Pathway Program. For more details, please see the announcement below: Texas A&M School of Law is proud to announce its academic partnership with Gujarat National Law University (GNLU) for LL.M. Pathway Program For the first time in India, students from Gujarat National Law University (GNLU) will have the opportunity to enroll in the LL.M. Pathway program created by Texas A&M School of…


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Copyright

When Cricket Meets Copyright: Does Upload of Sports Clips on Social Media Amount to ‘Fair Dealing’?


We’re pleased to bring to you a guest post by our fellowship applicant Nikhil Purohit. In this post, he analyses whether sharing of sports clips on social media amounts to copyright infringement or fair use under India’s copyright law, in light of the recent controversy over a take down notice that was sent to cricket archivist Rob Moody for some of the clips uploaded by him on Twitter. Nikhil is a 4th year student at the National Law School of…


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Copyright

Crawl Cautiously: Examining the Legal Landscape for Text and Data Mining in India – Part II


We are pleased to bring to you a two-part guest post by Viraj Ananth, examining the legal landscape of TDM in India, an issue we have covered on this blog previously here. Viraj is a fourth year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore. Part I of this post studied the question of copyright infringement liability for TDM use in India, after introducing TDM technology and its popular techniques. Part II first explores international developments on copyright…


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Copyright

Crawl Cautiously: Examining the Legal Landscape for Text and Data Mining in India – Part I


We are pleased to bring to you a two-part guest post by Viraj Ananth, examining the legal landscape of TDM in India, an issue we have covered on this blog previously here. Viraj is a fourth year B.A. LL.B. (Hons.) student at the National Law School of India University, Bangalore. Part I of this post first introduces text and data mining (TDM) and contrasts popular TDM techniques, namely website scraping, website crawling or indexing, and website archiving. It then studies…


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Comparative Advertising Copyright Others Patent Trademark

SpicyIP Weekly Review (June 22 – 28)


Topical Highlight To Mock the Corona Word: Disparaging During the Time of Crisis In a post co-authored with Praharsh Gour, Swaraj wrote about disparagement of the famous beer brand ‘Corona’ given its resemblance to the ongoing pandemic in the context of the Cerveciria Modelo De Mexico v. Whiskin Spirits case. Analyzing the order, it is noted that the Court has not recorded its assessment of the advertisement in granting the ex-parte interim injunction. The post goes on to highlight that…


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