[Sponsored] LexisNexis recognizes the world’s outperforming companies with its “Innovation Momentum 2022: The Global Top 100” report

by SpicyIP January 20, 2022

We’re pleased to inform you that LexisNexis has released its inaugural ‘Innovation Momentum 2022: The Global Top 100’ report. For further details, please see their announcement below: LexisNexis recognizes the world’s outperforming companies with its “Innovation Momentum 2022: The Global Top 100” report The first patent-based report to measure short-term innovation momentum, highlighting innovators with exceptional technological relevance for the future. To uncover forward-thinking patent development and spotlight true technological contemporaries across industries, LexisNexis Intellectual Property Solutions has released its inaugural…

Right to Research (“R2R”): An Independent Right with an Imposed Dependence in Copyright Law?

by SpicyIP January 18, 2022

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book cover of Dworkin's "Taking Rights Seriously"

Lokesh Vyas writes in with a post pondering the existence of a ‘right to research’ (r2r) in India. The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Lokesh attempts to find grounding for it in Indian law through the current post. He is an LLM Candidate (IP and Technology) at American University Washington College of Law (AUWCL), InfoJustice Fellow…

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Novex Communications Pvt. Ltd. v. DXC Technology Private Limited – Summarising the judgment (Part I)

by Mathews P. George January 16, 2022

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On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law. The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. Finding that Novex Communications (the assignee of the copyright) did not fall within the definition of the copyright society, the High Court dismissed its petition seeking for damages and injunction. (paragraph 48) I intend to critically analyse this judgment. In the first post, I shall…

Opportunities

Call for Applications: Post of Research Officer at CUSAT Kochi’s Inter University Centre for IPR Studies [Apply by January 31]

by SpicyIP January 16, 2022

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We’re pleased to inform you that The Inter-University Centre for IPR Studies at CUSAT, Kochi is inviting applications for the post of Research Officer (Science/Technology). For further details, please see the announcement below: Call for Applications: Post of Research Officer at CUSAT Kochi’s Inter University Centre for IPR Studies The Inter-University Centre for IPR Studies invites applications from qualified candidates for engagement to the post of Research Officer (Science/Technology) in IUCIPRS on a contract basis for one year. The deadline for…

Publication

Call for Papers: GNLU Journal of Law and Technology

by SpicyIP January 13, 2022

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We’re pleased to inform you that the GNLU Centre for Law and Technology is inviting submissions for GNLU Journal of Law and Technology. For details, please see their call for papers below. Call for Papers for GNLU Journal of Law and Technology SUBMISSION GUIDELINES The GNLU Journal of Law and Technology encourages paper submissions focusing on the amalgamation of any area of technology and law. GNLU Journal of Law and Technology is a bi-annual journal open for submissions from academicians,…

Bombay HC Clarifies the Contours of Copyright Infringement and Confidentiality Law

by Namratha Murugeshan January 13, 2022

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The Bombay High Court in Tarun Wadhwa v. Saregama India Ltd & Anr deliberated upon the intersection of copyright infringement and confidentiality law and held that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Background The case, decided by a single-judge Bombay High Court bench, concerned an allegation by the plaintiff, Tarun Wadhwa, of copyright infringement and breach of confidentiality. Wadhwa claimed that he had written a synopsis and a screenplay, Haila Zombie!, which…

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

by Swaraj Paul Barooah January 12, 2022

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Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials! There is however one stand-out entry that looks like it will be of interest to several of our readers. Published in late 2021, Dr R.V.Vaidyanatha Ayyar’s 421 paged…

Patent

Section 3(b) Rejections: Patent Office Rejects Claims for Nicotine Delivery Devices

by Namratha Murugeshan January 12, 2022

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Green-coloured signboard with text "rejection just ahead"

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to…

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[Sponsored] LexisNexis Introduces New Legal Issue Analysis for PTAB Ex Parte Decisions in LexisNexis PatentAdvisor

by SpicyIP January 11, 2022

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We’re pleased to inform you that Lexis Nexis has introduced new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor. For further details, please see their announcement below: LexisNexis introduces new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor, enabling search issue-tagged decisions and locating effective arguments at every interaction with the USPTO. LexisNexis Legal & Professional today announced the launch of PTAB Decisions, an enhancement to the market-leading patent prosecution analytics tool LexisNexis PatentAdvisor….

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A Look Back at India’s Top IP Developments of 2021

by Namratha Murugeshan January 2, 2022

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Here’s wishing all our readers a very happy, safe, and healthy new year! Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and c) Top 10 Other IP Developments The decisions in the first category, i.e., Top 10…

Akshat { Hi Achille- I completely agree with your perspective that authors and performers who, through their societies are not able to gain compensation for underlying rights from corporates, can... }
Achille Forler { I agreed with Akshat on some previous post of his, but here he makes a caricature of copyright owners. Can he name the "cash flowing copyright industries with... }
Dr. Krishna Bipin Mehta { Kudos to both of you to think about IPR in this imaginary class setup. I ask these kind of questions in the introductory IPR class. Wow. Thanks for... }
Malobika Sen { Very informative piece. This effort by Justice Singh is truly remarkable! }
{ Justice Prathiba Singh is a trailblazer. We need more of this. We have some brilliant IP academics in India and students turning towards academia. This is extremely motivating-... }