Others

SpicyIP Weekly Review (December 11-17)


Our first thematic highlight is Ritvik’s fascinating piece dealing with the jamboree of artificial persons, robots and copyright. His primary discussion points were the following: i. Whether artificial persons (e.g. a company) have copyright related moral rights? ii. Views regarding copyright ownership over robot created works. iii. He concludes with his take on who should own the copyright over such works. Another thematic highlight of the week is Vasundhara’s lucid, yet insightful analysis of whether India’s patent regime follows a ‘first…


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Copyright

DU Photocopy Appeal Decision: Another Landmark Victory for Access to Education in India


As many of our readers may already be aware, a Division Bench of the Delhi High Court, last week, pronounced the judgment in the DU photocopy case appeal that marked a spectacular victory for access to education in India. In a 58 page judgment, rendered in less than two weeks from the start of the appeal arguments, the Bench comprising Justices Pradeep Nandrajog and Yogesh Khanna refused to grant an interim injunction to the plaintiff-publishers and emphatically ruled that making and…


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Patent

First to File or First to Invent- Which system does India really follow?


The first to file (FTF) and the first to invent (FTI) systems define who shall have the right to grant of patent. Under the FTF system, the person who files for the patent for a given invention first is eligible for the grant of patent for that invention, regardless of the date of actual invention. Under the FTI system, if more than one applicant files patent applications claiming the same subject matter, the patent office institutes proceedings in order to…


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Trademark

The Not-so-Exclusive “Shaadi”- Bombay High Court rules on domain names


As shaadi season is underway (albeit less festive this year), we bring you another development in the business of the Big Fat Indian Wedding; the judgement in People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors. This judgement pertains to a passing off dispute between shaadi.com and secondshaadi.com. It makes some rather astute observations about the nature and level of protection granted to domain names, reading down the level of protection granted by earlier cases, such as Yahoo Inc….


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Others

SpicyIP Jobs: Associate Manager – Legal at OnMobile Global Ltd., Bangalore


We are pleased to announce that OnMobile Global Ltd. is inviting applications for the position of Associate Manager – Legal. Interested candidates must send their applications to Mr. John Mathew [email protected] Location: Bangalore Job Band: SP1 Department: Legal & Compliance Reports To: Director – Legal & Compliance Job Description: Draft, review, negotiate and finalize proposals, NDAs, LOIs, business agreements, various vendor and service provider contracts, consulting agreements, technology and licensing agreements, marketing/advertising agreements with various service providers and customers including telecom…


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Others

SpicyIP Jobs: Senior Manager/Manager – Compliance at OnMobile Global Ltd., Bangalore


We are happy to announce that OnMobile Global Ltd. is inviting applications for the position of Senior Manager/Manager – Compliance in Bangalore. Those interested in applying for this position are required to send their applications to Mr. John Mathew [email protected] Job Band: SP2 Department: Legal & Compliance department Reports to: Director – Legal & Compliance Job Description: To oversee & manage compliance issues within the organization, ensuring that OnMobile is complying with regulatory requirements and that its employees are complying with internal policies…


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Events

SpicyIP Events: Workshop on Patent Strategies in Overseas Markets for Auto Components Companies., New Delhi


We are happy to announce that Boehmert & Boehmert, Patent Attorneys, Germany will be conducting a workshop on Patent Strategies in Overseas Markets for Auto Components Companies on January 10, 2017 in New Delhi. Auto components industry is one of the shining sectors of India. With rising exports and overseas manufacturing and M&A activities, it is important to have deep understanding of intellectual property in overseas markets, especially relating to Infringement, Technology Licensing, Harvesting IP portfolio, Joint-Ventures, M&A, Freedom to Operate,…


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Others

SpicyIP Weekly Review (December 4-10)


At the outset, our apologies for the slightly delayed review! Our topical highlight of the week is Rajiv’s excellent  post on Samsung’s favourable ruling against Apple from the U.S Supreme Court. He notes that in a crisp, 10 page, and unanimous order, the Court overruled the Federal Circuit decision, holding that an “article of manufacture” need not be the end product, as was argued by Apple, and instead agreed with Samsung, holding that it could be an intermediate product. In…


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Competition Law Patent

IP vs Competition Law: Who Trumps Whom?


To say that IP vs Competition interface is a contested one is an understatement. Indeed, much ink has been spilt on resolving the apparent tension inherent within! And into this murky territory, I decided to wade right in…to commemorate what is known celebrated as the “World Competition Day”. I was requested to do a piece on this theme by CUTS, a leading think tank in India (and globally as well) on trade and competition policy. Apart from traversing the obvious…


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Events

SpicyIP Events: 7th Emerging Markets Finance Conference, 2016


We are happy to announce that the IGIDR Finance Group in collaboration with Vanderbilt Law School is organising the 7th Emerging Markets Finance Conference, 2016 from December 13 – 17, 2016 in Mumbai. The conference, among other sessions, will hold a session on ‘Intellectual Property, Copyright and Patent Finance’ on December 15. The details of this session are as follows: Session IV (09:30 – 11:05) Panel On Intellectual Property, Copyright and Patent Finance New Intersections between Trade, Investment and Intellectual Property: Lessons…


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