Others

SpicyIP Jobs: Senior Associates (Litigation) at Inttl Advocare, New Delhi


We’re pleased to inform our readers that Inttl Advocare, one of India’s leading IP boutique law firms is looking to immediately hire lawyers for the position of Senior Associates in its Litigation team. For further details, please see the job description below: Position Senior Associate – Litigation  Responsibilities The selected candidate will be responsible for closely working with a team of IPR attorneys providing best in class services to clients of repute. Apart from drafting pleadings, notices/responses/oppositions, they will also brief…


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Copyright

The Sensory Copyright Conundrum: An Analysis of the CJEU’s Decision With Respect to Copyright in the Taste of Cheese


We’re pleased to bring to you a guest post by Akshat Agarwal on the recent decision of the Court of Justice of the European Union on copyrightability of taste. Akshat is a 4th year student at the Jindal Global Law School, Sonipat. The Sensory Copyright Conundrum: An Analysis of the CJEU’s Decision With Respect to Copyright in the Taste of Cheese Akshat Agrawal The Court of Justice of the European Union in the recent case of Levola Hengelo BV v….


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Designs Overlaps in IP Trademark

Delhi HC: Clearing the Confusion Around Design-Trademark Overlaps


A few days ago, I had written a post on the Delhi HC’s judgment in Greenlight Planet India Pvt. Ltd. vs Gee Lighting Technology dealing with a design-trademark overlap. The Court, in this order, had deliberated on the issue of whether a separate suit of passing off can be filed for a registered design after having filed a prior suit of design infringement. In their order, they limited their analysis to Order II, Rule 2 of the CPC (which does not allow…


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Others

SpicyIP Fortnightly Review (December 3-16)


This week, I had written a post on a recent Delhi HC decision dealing with a design-trademark overlap. In my post, I briefly discuss previous judicial decisions dealing with similar overlaps. I then cover the (in)famous Micolube decision and Prof. Basheer’s take on the same. Finally, I conclude that the provisions of the Design Act does not allow one to claim a remedy for passing off for a registered design and that the Delhi HC failed to consider this issue…


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Publication

Call for Papers: Inaugural Volume of the Intellectual Property Review, NUALS Kochi; Submit by January 16, 2018


We’re pleased to announce that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies (NUALS), Kochi is inviting submissions on the contemporary issues related to intellectual property rights for publication in the inaugural volume of the The Intellectual Property Law Review. For further details, please read the call for papers below: Centre for Intellectual Property Rights The Intellectual Property Law Review Call for Papers Vol. I The Centre for Intellectual Property under the aegis of the National University of Advanced Legal…


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Designs Overlaps in IP Trademark

Delhi HC Deals with Yet Another Design-Trademark Overlap!


IP overlaps take place when multiple overlapping IP rights vest in an owner for a single subject matter. These overlaps have given way to numerous debates regarding over-protection, policy implications, statutory interpretation  and many more issues. (To get a better understanding of the same, do refer to Prof. Basheer’s chapter in Overlapping Intellectual Property Rights.) Design-trademark overlaps, in particular, have had an interesting history in Indian litigation. A recent decision of the Delhi HC yet again brings these overlaps to the fore. In…


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Others

SpicyIP Events: Workshops on Patent Strategies in Europe for Pharma & Biotech [January 15-16, 2019; Ahmedabad & Hyderabad]


We’re pleased to announce that Boehmert & Boehmert, Patent & Trademark Attorneys, Germany will be conducting workshops on Patent Strategies in Europe For Pharma & Biotech on January 15, 2019 in Ahmedabad and on January 16, 2019 in Hyderabad. For further details, pl read below: Patent Strategies in Europe For Pharma & Biotech Workshops by Boehmert & Boehmert Patent & Trademark Attorneys Germany Boehmert & Boehmert, Patent & Trademark Attorneys, Germany will be holding workshops on Patent Strategies in Europe For…


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Others

SpicyIP Weekly Review (November 26-December 2)


Prashant wrote a post about the impact of India’s biodiversity laws’ impact on scientists and businesses. After tracing the history of the biodiversity laws that we see today, he argues that the legislation should be repealed because it opens the door for arbitrary enforcement against businesses and impedes research efforts by scientists. Pankhuri informed us of the invitation for applications for the CLPR Equality Fellowship with the Centre for Law and Policy Research. The fellows will be expected to engage…


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Biological Diversity

India’s Biodiversity Law Has Turned Out to Be a Nightmare for Scientists and Businesses – Parliament Should Repeal It


Earlier this year, a group of primarily Indian scientists stirred a pot a bit when they published a piece in Science on how the Convention of Biological Diversity (CBD) is a ‘cure’ that ‘kills’ because it has made biodiversity research quite complicated. The argument put forth by these scientists is that the CBD was inspired by unrealistic expectations regarding the commercial value of their biological resources and that the fences erected by national legislation (in pursuance of the CBD) have…


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Others

SpicyIP Jobs: The CLPR Equality Fellowship; Application Deadline Extended to December 30, 2018


We’re pleased to announce that the Centre for Law and Policy Research (CLPR) is inviting applications for the CLPR Equality Fellowship. The deadline for applications is December 30, 2018 (edited). For further details, please read the call for applications below. Call for Applications: The CLPR Equality Fellowship CLPR focuses on addressing discrimination at the intersections of caste, gender, sexuality, and disability and other minorities through law. As a part of this work, we are excited to announce The CLPR Equality Fellowship….


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