Patent

In a Landmark Decision, US Supreme Court Clarifies Scope of Patent Exhaustion Doctrine (1/2)

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In a landmark development earlier this week, the U.S. Supreme Court delivered a verdict that is likely to play a central role in shaping the theoretical understanding and practical application of the patent exhaustion doctrine by courts across the globe. Writing for a near-unanimous court (Justice Ginsburg disagreed with one prong of the court’s conclusion), Chief Justice Roberts ruled that: (1) a patentee is denuded of all its rights over a patented invention the moment the invention is sold in…


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SpicyIP in Feedspot’s Top 100 IP blogs

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SpicyIP has been ranked eighth among the world’s top 100 IP blogs by Feedspot. Feedspot is basically an aggregator which helps one to read all the relevant blogs on a particular topic at one place. For instance, if one wants to go through all the relevant blogs on landscaping, Feedspot is the platform for you. We have had quite a few achievements so far like being included in the top 50 by Managing IP, being listed as the 8th most…


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Copyright

Is Copyright Content Neutral: Prof. Joshua D. Sarnoff responds to Justice Gautam Patel

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Introduction In a post that has now gone almost viral, Justice Gautam Patel reflected on the perplexing issue of whether or not copyright is content neutral. Or whether it can be subject to the filter of legality/morality. He asked a series of thought provoking questions in his post. Prof. Joshua D. Sarnoff, a widely respected professor of law at DePaul University, has now responded to some of the issues raised by Justice Gautam Patel. Prof Sarnoff has written for us…


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Copyright

Content Legitimacy and Copyright: Guest Post by Justice G. Patel

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We are extremely pleased to bring to you a guest post by Justice Gautam Patel. Justice Patel needs no introduction. One of the finest IP judges to have walked the hallowed halls of the Indian legal firmament, he’s given us one insightful decision after another. He was rated as one of the top 50 IP personalities in 2014-15. In fact most of the decisions covered on this blog in the last year or so are from his stable. We are…


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Patent

Making Patents Work!

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Patent Working (or the lack of it) is one of my pet peeves. Resulting in a writ petition before the Delhi high court which unfortunately remains stuck there…without much progress. So I decided to now vent through an academic piece published in the Queen Mary Journal of Intellectual Property, founded and edited by the wonderful Prof Johanna Gibson. Thankfully, its the only article thats available for free download. So if you share this peeve (or are on the other side…


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Motion Picture Dist. Association’s Comment #TRAI Consultation Paper

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The Motion Picture Distributor’s Association (India) Pvt. Ltd. (MPDA) sent its comments on the TRAI consultation paper on Net Neutrality. Prior to delving into the content of MPDA’s comment, let us quickly acquaint ourselves with some basic information. This is more of a detailed report, rather than an analytical piece. Basic Information TRAI released a “Consultation Paper on Net Neutrality” on 4th January 2017. The paper, essentially, discusses the possible policy regarding management of data flow over the internet. Until…


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Delhi HC rules on VATability of trademark licences

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On 17 May, a bench of Ravindra Bhat and Deepa Sharma, JJ. of the Delhi HC delivered a common judgement in appeals and petitions filed by McDonald’s India, GlaxoSmithKline Asia, Bikanerwala Foods, and Sagar Ratna Restaurants against revenue authorities. The judgement sheds some much-needed light on the taxation of IP licences (albeit in the twilight of the current tax regime’s life). Facts McDonald’s, Bikanerwala and Sagar Ratna were trademark owners who licensed their brands out through franchise agreements. GSK Asia licensed out…


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Copyright

Does Copyright Infringement Warrant A Warrant?

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In Deshraj v. State of Rajasthan, the Rajasthan High Court held that the police does need a warrant to take action against a person accused of copyright infringement, since it is a ‘non cognizable’ offence.  It has, however, only added to one side of a  seemingly dichotomous, age-old debate: Is copyright infringement a non-cognizable offence or a cognizable one? In simple language, does the police require a warrant to proceed against an accused infringer, or can they act  without one?…


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Copyright Uncategorized

Arnab Goswami vs Times Now: Does the Nation Want Nuance?

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Arnab Goswami is all over the news! Just like he always wanted to be…except this time he can’t be accused of manufacturing it. Or perhaps not; after all, law suits are a great way of boosting TRP’s! But best of all, this is an IP controversy! So how could SpicyIP not cover it? Here is a quick piece I did for the Newslaundry some days ago reflecting on the various IP infringement charges that have been made against Arnab by…


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SpicyIP Weekly Review (May 21-27)

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The topical highlight for this week was brought to us by Ritvik- who wrote on a recent update in the XTANDI matter: a letter written by the Union for Affordable Cancer Treatment (UACT) to University of California (UCLA), asking it to withdraw its case before the Delhi High Court against the IPO’s rejection of its patent in XTANDI. The letter states that the research has been substantially funded by the U.S Taxpayers’ money, and the same cannot be used to…


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