Others

SpicyIP Weekly Review (March 2 – 8)


(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Prashant wrote on the order appointing Justice Manmohan Singh to the IPAB until September 21, 2020, a year beyond his actual tenure, pursuant to a Supreme Court order in a petition filed by AIPPI. He notes that the petition was not the first instance where the lawyers have sought his extension or re-appointment. Further, he states that this order of the SC is…


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Others

Experience at the Second IP and Innovation Researchers of Asia (IPIRA) Conference, 2020


We’re pleased to bring to you a guest post by Debmita Mondal, Assistant Professor, Hidayatullah National Law University (Raipur), on her experience at the Second IP & Innovation Researchers of Asia Conference, recently held in Jakarta, Indonesia. Experience at the Second IP and Innovation Researchers of Asia (IPIRA) Conference, 2020 Debmita Mondal The IP and Innovation Researchers of Asia (IPIRA) 2020 Conference took place last week on the 27th and 28th February at Faculty of Law Universitas, Indonesia. This is…


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Trademark

Policy Questions Regarding Protection of Scent Marks


We’re pleased to bring to you a guest post by Anupriya Dhonchak exploring policy questions regarding protection of smell marks. Anupriya is a 4th year law student at National Law University, Delhi. Policy Questions Regarding Protection of Scent Marks Anupriya Dhonchak One of the cutting edge topics in trademark law today is the issue of non-conventional trademarks. As per the Indian Trade Marks Act a ‘mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of…


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Others

SpicyIP Jobs: Research Fellow/Associate Position & Ph.D. Program at ARCIALA, SMU School of Law, Singapore [Apply by April 2]


We’re happy to inform our readers that the School of Law at the Singapore Management University (SMU) has an opening for Research Associate/Research Fellow position for its Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA). The Centre is also inviting applications for its fourth program of sponsoring PhD candidates at their final year of thesis writing to come to SMU for six months. The deadline for applications for both the positions is April 2, 2020. For details,…


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Copyright

Injunctions against Playing Copyright Protected Music/Songs During Celebrations/Parties


The recent orders of the Madras High Court in Phonographic Performance Ltd. v. the Accord Metropolitan and Ors. and Indian Performing Right Society Ltd v. K Murali and Ors., as well as those of the Bombay High Court in six connected matters (Phonographic Performance Ltd v. Hotel Hilton & Ors and 5 others similar matters) were widely reported in media. All the Plaintiff associations obtained interim injunctions against hotels/pubs/event organizers from playing any of the copyrighted works they claim to…


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Drug Regulation Patent

Trastuzumab Biosimilar Litigation Saga: A New Order from the Delhi High Court


Last week, the Delhi High Court issued yet another order in the Trastuzumab litigation saga. This time, it is common order in two suits bearing CS (COMM) 1119/2016 (Roche v. Cadila, DCGI and DoB) and CS (COMM) 540/2016 (Roche v. DCGI, DoB and Hetero Drugs Ltd.). This litigation saga has previously been covered here, here, here, here and here. Suffice to say that broadly, the prayers in these suits are similar to the ones in the other suits against Biocon/Mylan and…


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Others

As Justice Manmohan Singh Gets Another 6 Months on IPAB, an Ethical Quandary for the Lawyers of AIPPI


The Appointments Committee of the Cabinet (ACC) issued an order on Monday, with the Supreme Court pointing a gun at its head, appointing Justice Manmohan Singh to the Intellectual Property Appellate Board (IPAB) until September 21, 2020 despite Justice Manmohan Singh having hit the statutory retirement age on September 21, 2019. The ‘gun’ in question was a highly irregular order passed by the Supreme Court on December 20, 2019 in a petition filed by AIPPI (Association Internationale pour la Protection…


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Others

Justice Rajagopala Ayyangar Summer Fellowship 2020 by IUCIPRS, CUSAT [Apply by March 16]


We’re pleased to inform you that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is offering two Summer Fellowships under ‘IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship’ program during April to June 2020. The deadline for applications is March 16, 2020. The norms for the award of the fellowships can be accessed here and application form here. For further details, please read the announcement below: Announcement of IUCIPRS Justice Rajagopala Ayyangar Summer Fellowship 2020 Instituted by INTER UNIVERSITY CENTRE FOR…


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Comparative Advertising Others

Parachute Disparagement Case: A Trivial Error or Actual Malice?


I read with interest Latha’s post published yesterday on why the ‘Bearded Chokra’ would be liable for disparagement even under the ‘actual malice’ standard. Needless to say, I disagree because it is an incorrect understanding of the ‘actual malice’ standard that undermines the essence of the fundamental right to free speech under Article 19(1)(a) and goes against one of the core values that have sustained SpicyIP since its inception. I am yet to find an instance in our young history…


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Competition Law

Draft Competition (Amendment) Bill Proposes Extension of Protection to IPR Holders in Abuse of Dominance Cases


We’re pleased to bring to you an insightful guest post by Dr. Vikas Kathuria on the new section 4A proposed by the Draft Competition (Amendment) Bill, 2020, which would extend the IP related exception to abuse of dominance cases also. Dr. Kathuria is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition, Munich and was formerly a faculty member at School of Law, Benett University. He has many publications to his credit and he is a…


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