Patent

Pesticide Patents: Not ‘Working’ Out?

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Man spraying vegetables with pesticides

Around 15-20% of India’s crop produce every year is lost to factors such as pests and diseases. Pesticides, thus, play an important role in the Indian agriculture sector. While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here, here, and here)….


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Patent

Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A

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The Delhi High Court in an order dated 20th July, 2021 vacated an ex-parte interim injunction (pdf), allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes on the condition that it files an affidavit mentioning the quantities of the drug exported and undertaking that the export is only for the above said purpose. While coming to this understanding, the court relied extensively on the Single Judge’s and Division Bench’s decisions in Bayer v. Union of…


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Others

SpicyIP Weekly Review (July 12 – 18)

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Topical Highlight The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary In this post, Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘to tackle the menace of film piracy’, and is a revision of the Cinematograph (Amendment) Bill 2019. She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. She also highlights another surprising change i.e.,…


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Opportunities Publication

Call for Submissions: The IP Press Law Review Vol. I, Issue I [Submit by September 20]

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We’re pleased to inform you that The IP Press Law Review is inviting submissions for its inaugural issue. The deadline for submissions is September 19, 2021. For further details, please see the journal’s call for submissions below: Call for Submissions | The IP Press Law Review  [Vol. I, Issue I] About The IP Press  The IP Press is a team of IP-Holics, who started this blog to ensure access to the latest intellectual property (IP) issues for all the IP…


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Opportunities Publication

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 5, Issue 1 [Submit by September 19]

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We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication in the Winter 2021 Issue (Volume V, Issue I) of the Journal. The last date for submissions is September 19, 2021. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. V, Issue I] The Board of Editors of the Journal of Intellectual Property Studies [JIPS], is pleased…


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Overlaps in IP Trademark Traditional Knowledge

Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks

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We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat.     Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks Tahhira Somal Nestled in Halsted, Chicago is a Michelin star restaurant that…


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Copyright COVID-19

Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians

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A recent article by Paul Sullivan in the New York Times reported on an interesting change occurring in the music industry due to the pandemic. With live performances practically being shut down due to the pandemic, musicians across the world lost a significant portion of their income stream. While online streaming was expected to be a substitute, it turned out to be abysmally low [You can read about how much musicians make through streaming services here and here]. With this…


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Copyright Privacy

No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just?

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We’re pleased to bring to you a post by our Fellowship applicant Nishtha Gupta, analysing the Delhi High Court’s recent decision refusing to stay the release film ‘Nyay: The Justice’ which is allegedly based on the life of late Bollywood actor Sushant Singh Rajput. Nishtha is a 4th year B.A. LL.B. student at the NALSAR University of Law, Hyderabad. No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just? Nishtha Gupta When the right to publicity was first…


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Others Trademark

Serious Comparative Advertising: Broadening the Definition

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We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition Sangita Sharma In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values are similar to that…


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Copyright

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary

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Last month, the Ministry of Information and Broadcasting received severe criticism from the film industry, free speech advocates, and the public when it announced the Cinematograph (Amendment) Bill 2021 (‘Bill’). This new Bill, which seeks ‘to tackle the menace of film piracy’, is a revision of the Cinematograph (Amendment) Bill 2019 – an earlier version that suffered from several logical and policy issues of its own, as highlighted by Divij, here. While the most controversial provision in the new Bill…


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