Guest Post: Securitization of IP – Part B

Continuing from part 1 of her post on Securitization of IP, Nehaa Chaudhari writes about Securitization of IP : PART B (This is a continuation of an earlier post, wherein PART A introduced the concept of securitization and its invocation into the field of intellectual property rights while highlighting generic concerns with the same. This part deals with specific issues that need to be addressed, the rating conundrum and ends with a few concluding remarks, based on the discussion in both […]

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Guest Post: Securitization of IP – Part A

SpicyIP brings you a 2 part guest post series on a topic we have spoken very little about on the blog – Securitization of Intellectual Property. Nehaa Chaudhari, a 5th year student at Nalsar University of Law, picks up this oft overlooked area and starts an interesting discussion on widening the market for security instruments tied to intellectual property. THE SECURITIZATION OF INTELLECTUAL PROPERTY (This has been split into two posts, PART A and PART B. PART A introduces the

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FICCI announces Certificate Course on IP Laws and Practice: Oct-Nov 2012

Federation of Indian Chambers of Commerce and Industry (FICCI) and Global Institute of Intellectual Property (GIIP) are jointly conducting the “Certificate Course on Intellectual Property (IP) Laws and Practice“. Conduct of Course      :        October 15 – November 28, 2012 Classes                        :         Monday to Friday at 6.30 pm – 8.30 pm Venue for Classes       :        FICCI, Federation House, Tansen Marg, New Delhi – 110001. Number of Seats       

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Guest post: Samsung v. Apple – Billion Dollar Game

We bring to you another guest post from Tarun Khurana.  Tarun has blogged for us earlier here. This time Tarun has chosen the recent billion dollar verdict against Samsung and in Apple’s favor.  Swaraj had blogged about this case earlier here.  While Tarun concludes that at least some of Apple’s patents can be designed around, I feel that it unlikely that Apple’s dominance in the “overall look and feel” can be easily challenged.  Apple has the first mover advantage, and this

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Breaking: EBC granted injunction against Westlaw for Infringement of Copyright

The District Judge of Lucknow has passed an interim injunction against Thomson Reuters and its Indian operations Westlaw and Indlaw – Defendants, for infringing the copyright of Eastern Book Company’s (EBC)-Plaintiffs, law report, Supreme Court Cases (SCC).  The order restrains them from infringing copyright in the SCC law reports and from selling and distributing or making available to the public either through CDs or the internet copies of the databases which infringe the copyrights in SCC during the pendency of

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Apple v. Samsung – An ‘innovative’ decision?

“ For us this lawsuit has always been about something much more important than patents or money. It’s about values. We value originality and innovation and pour our lives into making the best products on earth.”  – Tim Cook, in his memo to Apple’s corporate employees after the $1.049 billion dollar verdict that went Apple’s way in it’s smartphone patent battle with Samsung, in US District Court, Northern District of California.     “Good artists copy. Great artists steal”  – Steve Jobs,

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SpicyIP’s Weekly Review

A new feature that our SpicyIP team will be serving you is a weekly roundup of notable IP developments both in and out of India. Image from NYtimes The highlight of the week is undoubtedly the huge Apple-Samsung verdict announced late Friday evening. In an extraordinarily short period of time (3 days) the federal jury in a Californian court came to its conclusion and awarded $1.051 billion to Apple in damages while finding Samsung guilty on most counts of infringement. A

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SCP’s Questionnaire on Exceptions and Limitations to Patents

Recently WIPO’s Standing Committee on the Law of Patents (SCP) sent out a questionnaire to member states regarding member state’s exceptions and limitations to patent rights. The responses have come in and inadvertently a terrific resource for comparing and contrasting different nuances of patent laws in various countries has been formed. For instance, the public policy objectives of each exception and limitation that a state has are now conveniently listed and displayed; as well as whether the state has concluded

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How Trivial is ‘Kajra Re’ and can Vasundhra Das’ Life Help Indian Copyright Law Progress?

In my previous post I examined the possibility of using the maxim of de minimis non curat lex (which translates to the law will not resolve petty or unimportant disputes) in the context of Indian copyright law. I concluded that yes, in fact, one might rely on this doctrine to fight a claim for copyright infringement under the Indian Copyright Act. To do this, I relied on the decision in the case of India TV v. Yashraj Films (Delhi High

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Is the Delhi High Court the Fairest of Them All? Fair Use & De Minimis Examined

I recently attended a roundtable conference on Patents and Copyright where Professor Shyamkrishna Balganesh, noted copyright scholar from the University of Pennsylvania, was talking about the development of the fair use doctrine in a U.S. context and how there is an unstated dependence on institutions (the judiciary/ U.S. Copyright Office) to do this task. I was concerned that India might have to suffer the burden of such institutional dependence, given the slow pace of case law development and the relative

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