Readers who have a paper in progress may be interested in this announcement – that the WBNUJS IP Chair is inviting papers for a book on the theme ‘Inclusive Wealth Generation through IP Commercialization’. The date for submission is 31st March, 2021. For more details, please see the announcement below: Call for Chapters: Inclusive Wealth Generation through IP Commercialization Editors Dr. Pinaki Ghosh, MHRD IP Chair, WBNUJS Dr. Shambhu Prasad Chakrabarty, Head and Research Fellow, CRSGPP, WBNUJS Dr. Jayanta Ghosh,…

SpicyIP Weekly Review (March 15 – 21)

by Nikhil Purohit March 22, 2021

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Topical Highlight Sherlyn Chopra Case- Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies In this post, non-consensual sharing of intimate images or videos from a copyright perspective, in light of the recent case filed against Sherlyn Chopra for sharing obscene content online. She first analyses copyrightability of obscene content. She notes decisions from Israel and England that have used grounds of immorality to deny copyright protection to works. She contrasts this with Indian copyright law where such grounds…

Sherlyn Chopra Case: Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies

by Anupriya Dhonchak March 20, 2021

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Factual Background The Bombay High Court recently granted interim anticipatory bail to actor and content creator Sherlyn Chopra, who was charged by the Mumbai Police’s cyber cell for uploading pornographic and obscene videos online. The Court directed the actor to cooperate with the investigation, report at the police station daily from March 15-17, and directed the police to report to it on the next date of hearing, which is March 23. In this post, I use this case to comment…

Geographical Indication Trademark

Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part II

by Varsha Jhavar March 19, 2021

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In Part I, in the light of jurisprudence, I had analysed whether copyright or design law would be the appropriate IP for jewellery protection. Additionally, I had also discussed if ‘adaptation’ or ‘reproduction’ would be the more suitable term for referring to the conversion of 2D drawings into 3D jewellery. In Part II, I look at other questions such as what would happen if a suit in respect of copying of jewellery is brought under copyright law and passing off,…

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UNH Franklin Pierce’s IP Summer Institute 2021 (May 24 – June 11, June 14 – July 2)

by SpicyIP March 19, 2021

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We’re pleased to inform you that Franklin Pierce Center for IP of the University of New Hampshire (UNH) School of Law is offering an Intellectual Property Summer Institute (IPSI) this summer in two sessions – May 24 to June 11, 2021 and June 14 to July 2, 2021. For further details, please see the announcement below: Attend UNH Franklin Pierce’s IP Summer Institute for Unparalleled Opportunities in Training and Networking Ever since Indian law graduate Jaya Mitra realized she could…

SpicyIP Weekly Review (March 8 – 14)

by Anupriya Dhonchak March 15, 2021

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Topical Highlight The Third to Tango: After Pakistan, Nepal Opposes India’s GI Application for Basmati In this post, Praharsh discusses the implications of Nepal joining Pakistan’s opposition to India’s application for registration of GI over Basmati in the EU. He noted that this could be the first IP dispute between the three South Asian countries. He highlighted three major reasons reported for Nepal’s opposition: 1) Basmati is grown and consumed traditionally in Nepal; 2) Nepal has worked extensively with national and international…

Geographical Indication

The Third to Tango: After Pakistan, Nepal Opposes India’s GI Application for Basmati

by Praharsh Gour March 11, 2021

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In November, 2020, Varsha wrote a detailed piece on the ongoing dispute between India and Pakistan on registration of GI over Basmati in the EU. Seemingly, after months of speculations (here and here) Nepal has finally joined the fight, opposing India’s application. This perhaps makes it the first IP disputes between the three South Asian countries. While a more detailed post on this opposition will follow soon, I would like to quickly highlight a few interesting facts surrounding this event…

Supreme Court Recognises Doctrine of Copyright Exhaustion in Softwares, And Its Subservience to EULAs

by SpicyIP March 9, 2021

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We’re pleased to bring you a guest post by Vedangini Bisht and Shubham Chaudhary on a recent Supreme Court order wherein the Doctrine of Copyright Exhaustion was recognised vis-a-vis Software. Vedangini and Shubham are both fourth year students at National Law University, Delhi. Vedangini has earlier written guest posts for us on frequently overlooked corollaries of academic patenting here, and the need for an expansive application of copyright exhaustion on digital medium here. Supreme Court Recognises Doctrine of Copyright Exhaustion…

SpicyIP Weekly Review (March 1-7)

by Adyasha Samal March 8, 2021

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Topical Highlight BigBasket and Daily Basket Row – Confusion or Bullying? Anupriya analysed the widely reported ‘cease and desist letter’ sent by BigBasket to Daily Basket alleging infringement of their trademark on the word, ‘Basket.’ She begins by explaining how the term “basket” pretty much indicates grocery business in general. She revisits the Trade Marks Act and a number of cases discussing the spectrum of distinctiveness of a trademark and argues that while comparing marks, it is incorrect to take a…

Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part I

by Varsha Jhavar March 5, 2021

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The issue of IP protection of jewellery has hardly been discussed or adjudicated upon in India. Generally, it is understood that the sketch of the jewellery design can be protected as artistic work under copyright law, while the actual appearance of the jewellery, such as the configuration, pattern can be protected under design law. But, it’s more complicated than that. There are many questions without clear answers, such as, whether jewellery is protectable under copyright or design law in India,…

Praharsh Gour { Hey Megha, Thank you for your comments and pointers. The scenario suggested by you are exactly the same thing we have raised concern about. Seemingly the whole business... }
Megha Banerjee { The only reason that government (ICMR) does not allow other pvt. Drug manufacturing companies to manufacture may be restrictions on ICMR and other other govt. Agencies to create... }
Akshat Agrawal { Hi Adarsh. Thank you. Continuing the conversation. Okay so I think step 1 is important. Copyright exists- but on what does copyright exist? The court has many times... }
Anonymous { But i am not able to understand the PMLA tribunal is closed from 21st September 2018 since the day former judge Mr. Manmohan Singh completed his term as... }
Adarsh Ramanujan { Thanks, Akshat. I agree that the majority in Oracle is a reflection of the dissent from Star Athletica. This supports my overall view that the majority in Oracle... }