Patent

The (un)patentability of microbiological processes – A drafting error or considered policy?

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While researching for a paper that I am currently writing, I stumbled along a rather strange issue regarding the patentability of microbiological processes. The root of the issue traces back to Article 27.3 of TRIPS. This provision allows member-states to exclude from patentability certain subject matter such as plants, animals and essentially biological processes, with the caveat that member-states will still have to protect micro-organisms and microbiological processes under their national patent laws. The relevant wording of Article 27.3 reads…


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Others

SpicyIP Weekly Review (May 14 – 20)

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Prashant brought us our topical highlight of the week – a post on the announcement by the Department of Industrial Policy and Promotion (DIPP) of their deal with the World Intellectual Property Organisation (WIPO) to establish Technology and Innovation Support Centres (TISC) in India. TISCs are meant  to provide innovators in developing countries with quality technology, information and related services to help them create, protect and manage their intellectual property. Prashant questions this deal – as the DIPP could have…


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Trademark

Calcutta HC Allows Spartan Online to Use ‘thespartanpoker’ in Domain Name Spat

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The Calcutta High Court, on the 12th of May, allowed Spartan Online to use the domain name ‘www.thespartanpoker.com’ in Rajat Agarwal v. Spartan Online (read the order here). Glaws had previously covered this dispute in March – read here. This is an interesting order, both for the observations on the law governing domain names, and for the parties involved. Read our previous posts on domain names here. Factual Background The Plaintiffs and the Respondents had entered into a joint venture…


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Copyright

SpicyIP Fellowship 2017-18: Kaun Banega Copycat: Sony Takes One Plus To Court

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We are pleased to bring to you a guest post by our Fellowship applicant, Sreyoshi Guha. Sreyoshi is a 4th year student at Symbiosis Law School, Pune. This is her third submission for the Fellowship. Kaun Banega Copycat: Sony Takes One Plus To Court Sreyoshi Guha Over the last month or so, the IP community has been abuzz with news and events that have culminated in interesting debates and discussions on the blog itself. Somewhere amidst all of the hustle, a…


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Innovation Patent

DIPP forgets about NIIPM & Indian law firms, signs deal with WIPO

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Earlier this month, the Department of Industrial Policy and Promotion (DIPP) announced that it had signed a deal with the World Intellectual Property Organisation (WIPO) to establish Technology and Innovation Support Centres (TISC) in India. According to the press release put out by the DIPP, the TISCs are meant to provide innovators in developing countries with high quality technology, information and related services to help them create, protect and manage their intellectual property. As per the same press release, once…


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Designs Trademark

Cello v. Modware #Design Infringement #Passing Off

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I write to bring you an analysis of a Bombay HC Justice Patel Order that discusses passing off and design infringement in a mind-bogglingly interesting context… two water bottles. While being incredibly clear at times, the Order was equally ambiguous at places. I shall point these “ambiguities” out over the course of this piece and would be incredibly grateful if readers could shed some light. All assertions of law I make in this piece have been sourced from Venkateswaran on…


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Trademark

Ajanta Pharma v. Theon Pharmaceuticals #TM Infringement

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I write to discuss a recent Bombay HC Justice G.S. Patel Order on trade mark infringement. Though the core reasoning involved is rather straightforward, a few of the questions and arguments raised deserve our attention. Though these aspects might not have been relevant to the final result in the current fact scenario, they are very much relevant in the larger scheme of jurisprudence. Prior to delving into the trickier aspects of the order, let us set aside the less convoluted portion (though…


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Others

SpicyIP Weekly Review (May 7 –13)

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Our topical highlights this week were both provided by Prof. Basheer. The first post was the news that the DU Photocopy Case finally reached its closure, with the Supreme Court, in a bench consisting of Justices Ranjan Gogoi and Navin Sinha, refusing leave to the Indian Reprographic Rights Organization (“IRRO”) to appeal against the judgement of the Delhi High Court in the DU Photocopy Case. Given that the IRRO was only an intervener in the original suit, the Supreme Court…


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Patent

Del HC Stays Its Previous Order Allowing Natco to Export Bayer’s Nexavar Under the Bolar Exemption

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We are pleased to bring to you this guest post by our intern, Radhika Agarwal. Radhika is currently working as a Research Fellow at the Centre for WTO Studies at the Indian Institute of Foreign Trade. Del HC Stays Its Previous Order Allowing Natco to Export Bayer’s Nexavar Under the Bolar Exemption Radhika Agarwal Recently, SpicyIP reported a landmark order of the Delhi High Court (dated March 8, 2017), where it had ruled that ‘export’ of a patented invention for…


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Copyright Innovation

You Wouldn’t Stream a Car – What Netflix’s Refusal to Bow to Pirates Means for Digital Piracy

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On April 28, 2017, a hacker/s called ‘thedarkoverlord’ managed to exploit a weak point in Netflix’s security, and hijacked a copy of the first 10 episodes of its hugely popular original series Orange Is the New Black, threatening to release these episodes to the public unless Netflix agreed to pay an unspecified ransom amount. Given that each episode costs an estimated 4 Million USD to produce, one would assume that they would be anxious, to say the least, to protect…


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