Innovation Patent

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II


In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions. The Report informs that these procedural changes are being suggested to bring in some flexibility in the Patents Act to ensure that the validity of patents is…


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Innovation Patent

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part I


As is well known now, the Parliamentary Standing Committee on Commerce tabled its Report on the IPR regime in India last week. In about 150 pages the Report suggests a major reevaluation of the IP framework in the country. In an approach that seems to focus on the bigger picture while suggesting fairly pointed reforms, the Report misses both the trees and the forest. Some of the conspicuous issues with the Report have been covered by Dr. Scaria (here), Praharsh…


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Copyright Innovation

Parliamentary Standing Committee and Copyright Reform: One Step Forward, Three Steps Back


As most readers must be aware by now, the Parliamentary Standing Committee Report on India’s IP regime has revealed a problematic, maximalist approach to IP protection, showing no more than a tokenistic appreciation of public interest considerations. Some of the glaring issues with the Report have been highlighted by Prof Scaria (here) and Praharsh (here). In the 6 odd pages devoted to the reform of the Copyright regime, a grand total of 5 statutory issues have been highlighted despite the…


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Copyright

Fonts and Typefaces: Are they Copyrightable? 


We’re happy to bring you a guest post by Shivam Kaushik on the copyrightability of fonts. Shivam is a recent law graduate of the Banaras Hindu University, Varanasi. He has previously written several guest posts for us, titled ‘Jhund’ Injunction Order: Copyright and Personality Rights in Real Life Stories, ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions – A Critique‘, ‘Reengineering of the Requirement of Disclosure of Foreign…


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Design

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts


We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi is a fourth year student at the Maharashtra National Law University, Nagpur. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts Yashi Agrawal June 7, 2019 was…


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Opportunities

Call for Applications: Research Positions at Center for Communication Governance (CCG) at NLU, Delhi


We’re pleased to inform you that the Centre for Communication Governance at the National Law University Delhi is inviting applications for various research positions. For further details, please see the announcement below. Call for Applications: Research Positions at CCG The National Law University Delhi (‘University’), through its Centre for Communication Governance (‘CCG’/’Centre’) is inviting applications for various research positions across both its teams on a (i) full time basis as a CCG researcher and/or managerial role, and (ii) part time…


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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB


One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB. At the outset, let me clarify, I am in no way against the idea of having a dedicated IP court, which will ensure timely disposal of…


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Copyright Patent Trademark

SpicyIP Weekly Review (July 19 – 26)


Topical Highlight Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A In this post, Praharsh discussed the recent Delhi High Court order vacating an ex-parte interim injunction, allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes. He first summarises the key findings of the order. He then analysed the order and argued that the court rightly denied the plaintiff’s excessively restrictive interpretation of Section 107A, and…


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Copyright Geographical Indication Patent Plant Variety Protection Trade Secret Trademark Traditional Knowledge

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System


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As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report…


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Copyright

Do Ashok Kumar Orders Conform to Principles of Equity?


We’re pleased to bring to you a post by our Fellowship applicant Nishtha Gupta, analysing ‘Ashok Kumar’ injunctions as equitable reliefs. Nishtha is a 4th year B.A. LL.B. student at the NALSAR University of Law, Hyderabad. Do Ashok Kumar Orders Conform to Principles of Equity? Nishtha Gupta Recently the Delhi High Court, in the case of Sony Pictures v. Sportsala TV passed an order restraining and prohibiting over 50 defendants from streaming, broadcasting and making available any content over which…


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