Patent

Delhi HC Division Bench Restores Sanctity of Three-Pronged Test for Interim Injunctions; Sets Aside Two Interim Injunction Orders against Natco

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[This post has been co-authored with Bhavik Shukla, a 5th year student at NLIU, Bhopal] In a very welcome and significant development, on July 11 this year, a Division Bench of the Delhi High Court set aside two interim injunction orders granted by a Single Judge against Natco, for having been passed without the Court forming an opinion on the three elements of the well-settled test for interim injunctions i.e. prima facie case, balance of convenience and irreparable harm. The…


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SpicyIP Fortnightly Review (November 4 – 17)

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Adarsh had previously written two posts on the various misunderstandings surrounding the Plant Varieties Act (“PPV Act“). He had focussed on the Public Notice 01/2019 (“Notice“) published in May 2019, and had pointed out that the Notice was ultra vires. In his third post, he points out that the Notice states that only single cross hybrids could be registered. In his post, he explains how the PPV Act and UPOV allow for registration of registration of multi-parent hybrids too. Divij wrote a…


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Trade Secret Case Law: Steer Engineering Pvt. Ltd. v. Glaxosmithkline Consumer & Ors.

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This is a case on trade secret / confidential information. The Indian jurisprudence on trade secret law is still at a nascent stage. While discussing this case, I am limiting the scope to the issue of protection of trade secret / confidential information only. Facts This is a commercial appeal filed under Section 13 (1A) of the Commercial Courts Act read with relevant provisions of CPC. The Appellant had earlier unsuccessfully pleaded for an interim injunction at the Court of…


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Events

SpicyIP Events: Workshop on Access to Medicines, TRIPS and Patents in the Developing World [Dec 17-21; Mumbai]

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We’re pleased to inform you that The Third World Network (TWN), Tata Institute of Social Sciences (TISS) Mumbai and Jan Swasthya Abhiyan are organising a workshop on Access to Medicines, TRIPS and Patents in the Developing World from December 17-21, 2019, at TISS Mumbai. The deadline for applications is November 25, 2019. For further details, please see the announcement below: Workshop on Access to Medicines, TRIPS and Patents in the Developing World Jan Swasthya Abhiyan, Third World Network (TWN) and Tata…


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Bombay High Court Orders ‘Urgent’ Ex-Parte Ad-Interim Applications in IP Matters to be Held in Chambers (Now Revoked)

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As per a notice dated November 6, 2019, the Bombay High Court had directed that all urgent mentioning for ex-parte ad-interim applications in IP matters will be held in the chambers of the judge, from November 7, 2019. As per the notice, the matters allowed to be circulated after the in chamber hearing, will be placed on the ‘production list’, which will be heart at 11:00 am on the assigned date. This procedure had been adopted on the directions of…


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Others Plant Variety Protection

PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia 

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We’re pleased to bring to your notice two PhD scholarship opportunities for the Australian Research Council funded project on ‘Food security and the governance of local knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia. The deadline for applications is November 30, 2019. For further details, please see the announcement below: PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia  The aim…


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Plant Variety Protection

Plant Varieties Act: Misunderstood and Misapplied (Part III)

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In Part-I and Part-II, I had previously shared a summary of the Public Notice 01/2019 as well as my views on whether (and the extent to which) the said notice is ultra vires. In this Part-III, I intend to take the discussion forward with only one other point Why Only Single Cross Hybrids? Readers may recollect that in the previous posts, I referred to a pictogram to illustrate and differentiate a parent from a hybrid. Those images reflected a single…


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SpicyIP Weekly Review (October 21-November 3)

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Thematic Highlight Adarsh wrote a two-part post on the various misunderstandings surrounding the Plant Varieties Act (“PPV Act“). In the first part of the post, he focussed on the Public Notice 01/2019 (“Notice“) published in May 2019, which created a compound system for seeking registration of ‘hybrids’ and ‘parental lines’. He points out that the Notice is ultra vires since the Notice has been issued under Section 20 of the PPV Act, which is simply the provision empowering the PPV Authority to examine…


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Events

SpicyIP Events: CUSAT’s 7th Annual ‘Rethinking Intellectual Property Rights’ Workshop 2020 [Kochi, April 3 – 5, 2020]

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We are pleased to announce that Inter University Centre for IPR Studies, Cochin University of Science and Technology (CUSAT) is organising the seventh annual ‘Rethinking Intellectual Property Rights’ workshop on the theme ‘Role of IPR in the Realm of Sports’ for law students and students of other disciplines interested in this area (under graduates, post graduates and research scholars). The programme is scheduled to be held from April 3 – 5, 2020. For further details, please read the announcement below:…


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Delhi HC Gives Expansive Interpretation to Section 79 of IT Act: Issues Global Blocking Order Against Intermediaries

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On October 23, a single judge of the Delhi High Court – Justice Prathiba M Singh – issued an interim injunction directing Google, Facebook, YouTube, Twitter and other unnamed intermediaries to take down on a global basis, defamatory content uploaded on their platforms against Baba Ramdev (‘Judgment’). The Judgment is significant as it went beyond the conventional mode of ‘geo-blocking’, whereby the take-down of URLs is limited to specific geographic locations. Background The present Judgment is only a link in…


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