We’re pleased to inform you that MHRD IPR Chair, NUJS, in association with the IPThink – Tank is organising an international webinar on ‘Trade Secret as a Momentous Asset’ on 12th December at 2:30 PM IST (10 AM CET). For further details, please see the announcement below: NUJS International Webinar on Trade Secret as a Momentous Asset December 12 | 2:30 PM (IST) 10 AM (CET) Trade secrets are a very important part of any IP portfolio. It is no…

Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part II)

by SpicyIP December 9, 2020

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We’re pleased to bring you Part II of a two-part guest post by Akshat Agrawal on the ‘incentive/compensation’ structure actually in place for artists in India, its consequences, and a suggested amendment in the law to deal with these issues. Part I of this post can be viewed here. Akshat Agrawal is a law graduate from Jindal Global Law School, Sonipat and is currently working as a law researcher cum judicial clerk at the Delhi High Court. He has previously…

Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I)

by SpicyIP December 9, 2020

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We’re pleased to bring you an in-depth two-part guest post by Akshat Agrawal looking into the ‘incentive/compensation’ structure actually in place for artists in India, its consequences, and a suggested amendment in the copyright law to deal with these issues. Akshat Agrawal is a law graduate from Jindal Global Law School, Sonipat and is currently working as a law researcher cum judicial clerk at the Delhi High Court. He has previously also written two guest posts for us, ‘Masakali 2.0:…

Biological Diversity Copyright Design Others Patent Privacy Trademark

SpicyIP Weekly Review (November 30- December 6)

by Nikhil Purohit December 7, 2020

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Topical Highlight COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access In this post, Adyasha conducts a thorough analysis of the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals struck with higher-income countries and their implications on the Global South. She first notes the importance of public funding for the fruition of the three vaccines upon which patent protection is being claimed by their respective owners. She then…

COVID-19 Innovation Patent

COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access

by Adyasha Samal December 2, 2020

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The race to develop vaccines for COVID-19 has edged closer to its finishing line with at least three candidates announcing positive results from their vaccine trials. While this may appear to be the light at the end of the tunnel, the focus now shifts towards equally challenging issues of availability, accessibility, and affordability of vaccines. In this post, I discuss the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals…

What’s Happening with WhiteHatJr?: A Look at the IP Issues

by Varsha Jhavar December 2, 2020

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Recently, in interim applications decided on 23rd and 24th November, the same single bench of the Delhi High Court granted a limited ad-interim injunction in favour of Karan Bajaj (WhiteHatJr’s CEO) and Byju’s Whitehat Education Technology Private Limited (WhiteHatJr). The major issues in these cases were similar – defamation and trademark infringement. For the purposes of this post, only the IP issues will be looked at. In the first case, Karan Bajaj v. Pradeep Poonia, the former along with his…

Biological Diversity Others Traditional Knowledge

Enabling the Use of People’s Biodiversity Registers within Environmental Impact Assessments

by Anupriya Dhonchak December 1, 2020

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This post was co-authored by Dayaar Singla and myself. Dayaar is a final year student at NALSAR University of Law. He is an editor of the Indian Journal of Intellectual Property Law and the Editor-in-Chief of the Law and Other Things Blog, which Late Prof. Shamnad Basheer was an initial contributor to. In this post we look at recent changes to the creation of People’s Biodiversity Registers (PBRs) as well as the draft Environmental Impact Assessment (EIA) 2020 notification to…

Patent

Are Orbital Transfer Trajectories Patentable?

by SpicyIP December 1, 2020

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We’re pleased to bring to you a guest post by Shivam Kaushik, analysing the patentability of orbital transfer trajectories of spacecrafts in light of the recent patent grant to NASA in the US for ‘a method for transferring a spacecraft from the Geosynchronous Transfer Orbit (GTO) to Lunar Orbit’. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He’s previously also written guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ , ‘Govt’s…

SpicyIP Weekly Review (November 23- 29)

by Nikhil Purohit November 30, 2020

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Topical Highlight A Copyright Reform Agenda from a Group of Like-Minded IP Teachers In this guest post, Prof. (Dr.) N.S. Gopalakrishnan provides us an overview of the recommendations focussing on desirable public interest oriented amendments to the Copyright Act prepared by a group of ‘like minded IP teachers’. He particularly summarises four broad themes of amendments. The first set of proposed changes deal with Section 52. These include an open-ended fair dealing clause under Section 52(1)(a), expanding educational use exception…

Officer’s Choice v. Chetak Whisky: An Incorrect Choice of Jurisdiction?

by Nikhil Purohit November 27, 2020

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Recently, Allied Blenders and Distillers Pvt Ltd filed a copyright and trademark infringement suit before the Delhi High Court protecting their ‘Officer’s Choice’ mark from the defendant’s ‘Chetak Whisky’. The court granted an ad interim injunction in the plaintiff’s favour. An interesting question that came up before the court was regarding its territorial jurisdiction to grant this relief, discussion of which formed the majority of the order. In this piece, I shall analyse the court’s treatment of the jurisdiction issue….

AJAY AMITABH SUMAN { Thanks Praharsh for Sharing on view. The article is based mostly on “Merck Sharp & Dohme Corp v. Sanjeev Gupta” Judgement. But even that Judgment, the Hon'ble High... }
AJAY AMITABH SUMAN { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. While issuing the notice... }
Adyasha Samal { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. That does not require interference into market forces.... }
Adyasha Samal { Sir, I cannot locate the stay order. Could you please provide a link? }
Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }

De-Coding Indian Intellectual Property Law

NUJS International Webinar on Trade Secret as a Momentous Asset [December 12]

Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part II)

Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I)

SpicyIP Weekly Review (November 30- December 6)

COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access

Enabling the Use of People’s Biodiversity Registers within Environmental Impact Assessments

Are Orbital Transfer Trajectories Patentable?

SpicyIP Weekly Review (November 23- 29)

Officer’s Choice v. Chetak Whisky: An Incorrect Choice of Jurisdiction?

Patent Drafting Positions

DIGITAL Fellowship 2021