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SpicyIP Weekly Review (July 22-28)


We have had a gargantuan week at SpicyIP, with plenty of content on recent decisions around courts, and updates from the Sustainable Seed Innovations Project. Below is a summary of the week gone by: Topical Highlight In a guest post, Swaroop Mamidipudi wrote on twin decisions of the Delhi High Court that expand the scope of protection of cinematograph films. Prior to this decision, it was understood that copyright in cinematograph films could only be infringed if a physical copy…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: The Story of ‘Sona Moti’


In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares the story of a variety of wheat recently named Sona Moti. In way of context, the post briefly describes the current revival of ancient grains globally, specifically Emmer wheat varieties. The story of Sona Moti demonstrates the issues of traceability in variety development and the importance of intellectually property-broad. The Story of Sona Moti Natalie Kopytko…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Model Farms and Farmers in Seva


In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares stories of farmers creating model farms to educate others about natural farming methods. The cultivation techniques are a crucial aspect to sustainable innovations; moreover, this story discusses community support and socio-economic sustainability. Model Farms and Farmers in Seva Natalie Kopytko Cultivation of traditional varieties, often termed Desi seeds, require no external inputs (chemical fertilizers or pesticides)….


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Copyright

Creating More Copyright in Cinema: But What of the Actual Creators?


We’re pleased to bring to you a guest post by Swaroop Mamidipudi on the recent decisions in MRF v. Metro Tyres and Yash Raj Films v. Sri Sai Ganesh Productions, wherein the Delhi High Court held that making of a substantially similar copy (and not only a physical copy) of a copyrighted film amounts to infringement of copyright in the film itself. Swaroop is an advocate practicing in copyright law at the Madras High Court. He has guest blogged for us in the past as well (see here, here and here). Creating…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations – Ethical Issues (Part IV)


Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations: Ethical Issues to be Considered Mrinalini Kochupillai As discussed in Prong 3, blockchains/DLTs are essentially platforms that help manage data, and when designed and governed using appropriate models, can help solve problems of trust, traceability and equitable data collection, storage and use. Blockchain/DLT can also support and facilitate payments (including royalty payments) of equitable compensation to those sharing their data. Blockchains can be public or private (or a combination of public…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III)


Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III) Mrinalini Kochupillai (iii) Seed Certification, Safety and Efficacy: Re-distributing responsibilities and rewards India’s Seeds Bill[1] that has been pending since 2004, aims to establish certain systems that can facilitate the emergence of regional, national as well as international markets for indigenous/heterogenous seeds. For example, the mandatory seed certification requirement can help farmers and farmer groups get their varieties quality tested and…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part II)


Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation: Legal & Ethical Issues (Part II) Mrinalini Kochupillai Disengage Benefit Sharing for PGR Access from Downstream IPR Protection In the context of the Seed Treaty (and the Indian PPV & FR Act, 2001), it is necessary to re-think the current legal provisions that mandate benefit sharing only if the downstream research with PGRs is protected by intellectual property rights.[1] It may be possible to justify this current limitation…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part I)


In the next four part post in the ongoing series on The Sustainable Seed Innovations Project, Dr. Mrinalini Kochupillai, co-investigator, Sustainable Seed Innovations 2.0 Project and corresponding author of the forthcoming SSI 2.0 Position Paper for the Government of India, identifies key legal hurdles that currently prevent sustainable seed innovations in India. The post also discusses how blockchain/DLT, coupled with AI/Machine learning applications can potentially help overcome these hurdles. The fourth part of this blog post also highlights certain ethical…


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Others

SpicyIP Jobs: Attorney & Paralegal at Dodd & Co., New Delhi


We’re pleased to inform you that Dodd & Co., an IP boutique law firm based in New Delhi, is looking to hire candidates for the positions of an attorney and a paralegal. For further details, please see the job description below: SpicyIP Jobs: Attorney & Paralegal at Dodd & Co., New Delhi Dodd & Co., a young and growing IP boutique based in New Delhi, is looking to hire candidates for the following positions: Attorney – a dynamic, bright and…


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Trademark

SpicyIP Fellowship 2019-20: Through the Looking Glass – Alice and the Wonders of the ‘Liability of Online Marketplaces’ in the Delhi HC


We’re pleased to bring to you another guest post on the recent Delhi High Court decision in Amway & Ors. v. 1MG Technologies & Ors. by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her fourth submission for the Fellowship. Eashan Ghosh’s guest post on the same decision, published last week, can be viewed here. Through the Looking Glass: Alice and the Wonders of the ‘Liability of Online Marketplaces’ in the…


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