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,…

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

by Anupriya Dhonchak September 29, 2020

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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…

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

by Anupriya Dhonchak September 29, 2020

1 Comment

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…

Opportunities Patent

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

by SpicyIP September 29, 2020

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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…

SpicyIP Weekly Review (September 20 – 27)

by Adyasha Samal September 28, 2020

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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…

Opportunities

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

by SpicyIP September 26, 2020

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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…

Opportunities

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

by SpicyIP September 25, 2020

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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…

Trademark

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

by SpicyIP September 24, 2020

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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…

Trademark

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

by SpicyIP September 23, 2020

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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…

Patent

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

by Praharsh Gour September 22, 2020

2 Comments

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…

Nivedita Krishna { Who owns data become important to answer the question who must protect the data. Therefore, this article is well founded as are its research references. }
Amit Tailor { " none of the prior art carry sequence similar to that of CDRs of 5C4 antibody, and Section 3(d) is not applicable to novel compounds." Discussion on Section... }
{ why patent application status is not available at IPO }
Praharsh Gour { Dear Anon, Well, I cannot speak for the Supreme Court, but as far as my understanding goes, the strict compliance with Section 8 is done so that the... }
asrao { In my opinion this step by India is unwarranted. Do not need it for medicines & vaccine and will not work on medical devices. }

De-Coding Indian Intellectual Property Law

Sisvel v Haier: SEP Case Law from Germany

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

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

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

SpicyIP Weekly Review (September 20 – 27)

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

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

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

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

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