Others

SpicyIP Weekly Review (September 3-9)


This week’s thematic highlight was Prof. Basheer’s and Pankhuri’s fantastic two-part post on open access at the Indian Patent Office, dealing specifically with the difficulty of accessing, and poor intelligibility of, the documents uploaded on the IPO website. In Part I, they demonstrated this with the help of the three compulsory licensing orders that have been passed by the IPO. Thereafter, in Part II, they concluded their analysis and advanced specific suggestions to improve transparency at the IPO and make patent data…


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Others

SpicyIP Jobs: Litigation Associate at S. Majumdar & Co., New Delhi


We are happy to inform you that S. Majumdar & Co. is immediately looking for lawyers specialising in IP litigation for its New Delhi office. For further details, please see the job description below: Position Associate (Litigation) Responsibilities The candidate must be competent to draft all kinds of pleadings and appear in Courts, brief Senior Counsels and assist them during the hearings. Desired Joining Date Within two weeks Desired Qualification & Experience LL.B. degree and/or LL.M. Minimum 5 years of…


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Others Patent

Towards More Intelligible “Open Access” at the Indian Patent Office: A Study of Compulsory Licensing Cases – II


This post has been co-authored with Prof. Shamnad Basheer. In Part I of the post, we illustrated that a number of patent records are not accessible on the Indian Patent Office’s website in an easy to access and intelligible manner, using the example of the three compulsory licensing (CL) orders passed by the Indian Patent Office. In Part II, we synthesise some of our thoughts and suggestions on making Indian patent data more openly accessible and democratic going forward. ‘Available’? Yes….


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Others Patent

Towards More Intelligible “Open Access” at the Indian Patent Office: A Study of Compulsory Licensing Cases – I


This post has been co-authored with Prof. Shamnad Basheer.  In Part I of the post, we illustrate that a number of patent records are not accessible on the Indian Patent Office’s website in an easy to access and intelligible manner, using the example of the three compulsory licensing (CL) orders passed by the Indian Patent Office. In Part II, we synthesise some of our thoughts and suggestions on making Indian patent data more openly accessible and democratic going forward. As our readers may know, we…


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Copyright

Indian Singers Rights Association (ISRA) Gears Up for a Losing Battle against Saregama


Last year, we had written about two victories scored by the performer’s rights society – Indian Singer’s Rights Association (ISRA) before the Delhi High Court against a restaurant and lounge located in Delhi for alleged violation of its performers rights. Both judgments were delivered ex-parte i.e. the defendants never appeared before court. As Balu and I had earlier noted, the manner in which the Delhi High Court proceeded to hear the case ex-parte was not proper in law. In any…


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Others Patent Trademark

DIPP Needs to Prepare for the Flood of Recusal Petitions that will Follow Post the Appointment of Justice Manmohan Singh as Chairperson, IPAB


Going by the grapevine, it appears that Justice Manmohan Singh, who retired from the Delhi High Court last year, will soon be appointed as the Chairperson of the Intellectual Property Appellate Board (IPAB). While on the Delhi High Court, Justice Manmohan Singh was considered one of the “IP judges”, resulting in more IP cases being marked to him. It goes without saying that he’s delivered quite a few judgments on patents and trademarks. And as I’ve mentioned before there are…


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Others

SpicyIP Weekly Review (August 27 – September 2)


This week’s thematic highlight is Balaji’s post on the decision making process involved in the issuance of the CRI Guidelines, 2017. Through his post, Balaji analyses the response to an RTI application filed by him regarding the same. The information he requested via his application included inter alia, reasons for change in the 2016 Guidelines, details of the Expert Committee which recommended the issue of the 2017 Guidelines: its constitution, stakeholder consultations etc, and the final report finally by the EC including its…


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Others

The Disturbing Trend of Inaccuracy in IP News Reporting:  How to Stem the Malaise?


We are pleased to bring to you a guest post by Vasundhara Majithia on the disturbingly increasing trend of inaccuracy in news reporting on IPR issues. Vasundhara is a recent graduate of NLU, Jodhpur and is currently practising IP law in Delhi. As most of our readers must have experienced at some point, Indian media is in the habit of misreporting IPR issues. They tend to use terms like ‘patent’, ‘copyright’, ‘trademark’ and ‘GI’ interchangeably, little realising that these are distinct…


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Publication

Call for Papers: International Academy of Comparative Law; Submit Paper Abstracts By March 30, 2018


We are pleased to announce that International Academy of Comparative Law (IACL) is inviting scholars and practitioners of all levels of experience to submit paper proposals for a special session on ‘Sharing Economy and the Law’, to be held on July 29, 2018 in Fukoka, Japan. The last date for submission of paper abstracts is March 30, 2018. For further details, please see the call for papers below: International Academy of Comparative law GENERAL CONGRESS 22-28 July 2018 Fukuoka, Japan…


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Plant Variety Protection

Supreme Court Stays Delhi High Court Judgment Striking Down Sec. 24(5) of Plant Varieties Act


Last December, I had covered a judgment delivered by a Division Bench of the Delhi High Court striking down Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA). This provision empowers the registrar of plant varieties to issue interim directions to prevent abusive conduct by third parties during the period between the filing of an application for the registration of a plant variety and the making of a final decision as regards the grant of registration….


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