IJIEL: Special issue on Space Law and IEL

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I’m happy to announce on behalf of Abhimanyu George Jain, Chief Editor of IJIEL, student of the graduating batch at the NLSIU and a living example of the religious diversity of India, the release of a special issue of the Indian Journal of International Economic Law (IJIEL). The special issue focuses on the interface between space law and international economic law. This volume has tried to examine some of the many fascinating international economic and financial law issues emerging from […]

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Copyright Compulsory Licensing Disputes: Copyright Board lacks Jurisdiction

/ By / Copyright

In this post, I will cover two decisions that deal with the question of whether the Copyright Board has the power to grant an interim compulsory license based on interim royalty rates. In this case of Reliance Broadcast Network Limited v. Super Cassettes Industries Limited, the applicant (Reliance) filed an application on 9th November, 2011 under S.31(b) of the Copyright Act for grant of compulsory license. The applicant demanded an interim order to be allowed to broadcast the songs, based

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Managing IP presents Webinar on the Enercon Dispute

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Followers of Spicy IP are no doubt already aware of the proceedings relating to the Enercon patent dispute that has been closely tracked in several earlier posts (here, here and here). Given the significance of the Intellectual Property Appellate Board’s deliberation and decision in this matter vis-à-vis the development of patent law in India, especially pertaining to concepts such as interpretation of claims, identification of person skilled in the art, common general knowledge and obviousness, some good news is afoot.

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SpicyIP Guest Post: CL discussion draws to an end

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Suchita Saigal, our regular guest blogger, has sent us this interesting post on what could be the possible conclusion to the events kicked off by the Compulsory Licensing ‘Discussion Paper’ released by the Department of Industrial Policy and Promotion. Much Ado about Nothing by Suchita Saigal The compulsory licensing consultation process which began with the DIPP issuing a discussion paper on compulsory licensing of patents was brought to a close today by the press release released by the Ministry of

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Delhi High Court slams the Trade Mark Registries for losing 44,000 files over the last 5 years

/ By / Trademark

In a shocking revelation, the Department of Industrial Policy and Promotion (DIPP) has filed an affidavit, before Justice Murlidhar of the Delhi High Court, stating on oath that the Trade Marks Registry has lost a record 44,000 files relating to trademark registrations and oppositions. 44,000!!!! Phew! Wow! The Delhi High Court Order is available over here. This revelation is a result of an earlier order of Justice Murlidhar, which we had covered in December, 2010 over here. Halidram Pvt. Ltd.

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Demise of Leading IP Attorney

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We bring you sad tidings of the demise of Mr K Mugunthan, a very reputed IP attorney from down South. Mr Mugunthan passed away on the 4th April 2011 and is survived by his wife and 3 year old son. He had more than two decades of experience before the Madras High Court and was instrumental in notching several wins, some of which we include below (as per a list given by his colleagues from the law firm of AA

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Drug Firms and Patent "Working": Extent of Compliance with Form 27

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As promised in a previous post, we now bring you the full report of our RTI investigation into Form 27 (patent working) compliance issue. This report details out our rather tortuous tryst with the patent office in terms of getting this information…it took us more than 6 months to get this information! One of the key reasons we spent so much time on this is to showcase the difficulty of getting this information, and to therefore plead with the Controller

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Delhi HC ejects petitions against Copyright Societies & Copyright Act

/ By / Copyright

Ranjan Jha, an advocate practicing before the Delhi High Court, has alerted us to this decision of the Division Bench of the Delhi High Court pronounced yesterday and available over here. We had briefly mentioned this petition earlier, which has been filed by the Federation of Hotels & Restaurants Association of India challenging certain key provisions of the Copyright Act, 1957, as also the tariff schemes and licensing rates that were being charged by PPL & IPRS. The petition also

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ANOTHER INSTANCE OF OUTSOURCING – HIGHLY UNHEALTHY PHENOMENA

/ By / Trademark

[* Slightly long post] Outsourcing commonly refers to contracting out of a business function – one previously performed in-house to an external provider. The Indian statutory authorities appear to have embraced this phenomena which amount to candid admission of their lackluster infrastructure / supporting services. Very recently, we covered the outsourcing of patent searches to CSIR, India’s largest public funded patentee by the Patent Office [available here]. In this post, I shall test the vires of this phenomena specific to

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The ‘Non Working" Of Patent Working Norms

/ By / Patent

The Times of India, Mint and Economic Times reported today on an RTI investigation by SpicyIP in relation to the “working” of drug patents in India. Rupali Mukherjee of the Times of India writes: “Five pharma MNCs, including Pfizer, Bayer, Roche, Schering and Bristol Myers Squibb, have been accused of violating patent laws with regard to top-selling patented anti-cancer and hepatitis drugs sold in the country. A RTI application filed before the Patent Office reveals that since the medicines are

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