Copyright

Compulsory Licensing and the Copyright Holder: Entertainment Network Limited v. Super Cassettes Industries


After Shamnad’s comprehensive post about the basic facts of the case of Entertainment Network v. Super Cassettes Ltd., not much remains to be discussed except the great impact that the judgment will have on the Indian music industry and copyright holders of sound recordings. A quick recap on the two most important aspects of the decision:1. An automatic Compulsory License can be granted to any applicant especially where the same is in “public interest”. All that is left for determination…


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Toshiba v. Tosiba: Procedural History and Person(s) Aggrieved!


After Shamnad’s succinct discussion, not a lot needs to be added to the analysis of the Toshiba v. Tosiba case decided by the Supreme Court late last month. However, for the die-hard trademark law fans, here’s a more detailed discussion of the facts, the procedural history and law laid down. At the outset, I must confess that I was surprised to learn that a number of people have been closely following this suit. Spicy IP is grateful to everyone who…


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Uncategorized

SpicyIP Tidbit: WHO adopts resolution on public health, innovation & intellectual property


Readers may remember Sumathi’s extremely detailed post on the WHO’s Intergovernmental Working Group (IGWG) meet last month. As Sumathi put it “The fulcrum of the debate is nothing new: that the IP system, as it exists today, does not create economic incentives for private players to invest in research and development (R&D) for neglected diseases”. Last week the WHO finally came out with a resolution after two years of hard work by the IGWG. The substance of the resolution is…


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MNC Drug Cos Set Their Sights on Developing Nations


More than a fortnight ago on May 15th, an article in the New York edition of The Economist reported what appears to be an interesting development. According to the article, there is a quantum shift in the attitudes of global drug companies (read Big Pharma) towards markets in developing nations. The Economist says that thus far, multinational drug companies have remained “leery” of developing nations thanks to the twin bogies of what Big Pharma perceives to be public vigilantism on…


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Patent

SpicyIP Tidbit: Infy bags two Patents at the USPTO


A Press Release from Infy Newsroom states: Infosys Technologies Limited (NASDAQ:INFY) today announced that it has been granted two patents by the U. S. Patent and Trademark Office. These patents are in the areas of holography and mobile communications. Commenting on the occasion, Subu Goparaju, Head – SETLabs said, “Innovation is imperative for growth. We are fostering a culture of innovation and investing in research through SETLabs – Infosys’ Research Group. We set up an Intellectual Property (IP) cell in…


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Copyright

Guest Post: The Rise and Fall of DRM?


We bring you a guest post by Swaraj Barooah, an enterprising law student in his final year at NALSAR, Hyderabad (readers may recollect Aysha’s earlier post highlighting that NALSAR is now the number one law school in India). The Rise and Fall of DRM? The better part of the last decade saw the recording industry using Digital Rights Management (DRMs) as a form of copy-protection locking up digital media bought by customers for the prevention of illegal usage. The internet…


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Patent

SpicyIP Tidbits: Satyam vs Upaid redux


Upaid returns to haunt Satyam with a fresh set of claims in its fraud case against the Indian IT service provider being fought in a Texas court. Business Standard gives us latest developments here: the British company Upaid widened its US fraud case against Satyam, based on court admissions by senior Satyam employees, to include claims that the Indian firm failed to provide good title to intellectual property developed for Upaid in the late 90s, intentionally misleading Upaid in the…


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SpicyIP Tidbit:KeralaGovernment approves IPR Policy


Living up to its reputation as an IPR savvy state,Kerala once again has taken the lead in formulating a State IPR policy aimed at protecting Traditional Knowledge and allied inventions Excerpts from the Hindu: Kerala Government on Saturday approved a state-specific Intellectual Property Rights (IPR) policy seeking to protect traditional knowledge and inventions. Disclosing this after a Cabinet meeting, Chief Minister V S Achuthanandan claimed that Kerala was the first state in the country to bring out such a policy….


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Biological Diversity

SpicyIP: Roundup of the Convention on Biological Diversity Summit


The Convention of the Biological DiversitySummit was held in Bonn, Germany between the 19th to the 30th of May. Coinciding with the World Biodiversity day on the 22nd of May, the Summit was attended by by the supremo uno’s of the CBD world and key government negotiators. The summit could well go down as a watershed event in the annals of CBD history. Laudable milestones and significant breakthroughs in the IP agenda pertaining to key issues sullying the CBD in…


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SpicyIP Jobs


We have a few positions open for legal professionals with relevant IP experience. For those of you seeking to access ‘SpicyIP Jobs’ on our blog site to check on current and past listings, please find instructions as below. Go to the SpicyIP homepage. On the left hand side of the page, you will find a list of sub headings. Click on the title ‘SpicyIP Jobs’. This will take you to the posts related to the jobs listed on our blogs…


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