Patent

The Cloak of Confidentiality Over the Ericsson Patent Litigation Before the Delhi High Court


As discussed in my previous post, a lot of strange things have taken place in the patent litigation initiated by Ericsson against companies like Micromax, Gionee, Lava etc. For whatever reason, the judges of the Delhi High Court have thought it completely okay to cast aside the procedural safeguards in the law to grant Ericsson remedies that the company is simply not entitled to in law. A related issue, which in my opinion is of serious concern is the ease…


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Competition Law Patent

Thoughts on Regulatory Tussles Involving CCI – III


[*Long post] Earlier posts – Thoughts on Regulatory Tussles Involving CCI – I & Thoughts on Regulatory Tussles Involving CCI – II [Continuing…..] Delhi HC judgment on Telefonaktiebolaget LM Ericsson v. Competition Commission of India and Anr Issues Is there an irreconcilable conflict between the Competition Act and Patents Act? and Is it possible to construe both the Acts harmoniously? Judgment  An inconsistency or repugnancy in statutes cannot be readily inferred and any interpretation that leads to such conflict must, as…


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Patent

IPO Takes Steps to Improve Access and Enhance Data Sharing


Over the past month, I’ve written about efforts by the Copyright Office to improve access, stakeholder participation and democratize the copyright filing system (see here and here). It appears the office of the CGPDTM (hereinafter, Indian Patent Office or IPO) has also been making efforts to improve access and streamline data sharing. Weekly Release of FER Data BananaIP reports that the IPO will now be publishing in its weekly journal, a list of applications against which FERs have been issued…


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Events

SpicyIP Events: Vidhi Policy Challenge on ‘Blockchain Technology’


We are pleased to announce that Vidhi Centre for Legal Policy is organising a team-based competition called the Vidhi Policy Challenge this year. It is meant for law students in 3rd, 4th and 5th year of the five-year programme and final year of the three-year programme. The theme for the inaugural edition of this competition is ‘Blockchain Technology’ and its integration with public policy. For further details, please read the post below: Vidhi Policy Challenge Introduction Vidhi Centre for Legal Policy…


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Patent

Mannivanan v. IPAB & Ors.: Of Revocation, Anticipation and An Abandoned Patent Application


We are happy to bring to you a guest post on a recent Madras HC decision in a patent case by Rishabh Anjay Mohnot. Rishabh is a 3rd year student at NUJS, Kolkata. Mannivanan v. IPAB & Ors.: Of Revocation, Anticipation and An Abandoned Patent Application Rishabh Anjay Mohnot Recently, the Madras High Court dismissed a writ petition challenging the dismissal of a revocation application by the IPAB and demanding the records pertaining to the dismissal. This case is worth…


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Others

Judging Judges: Rule of Reason?


In an opinion piece for the Hindu, I reflect on one of the most monumental milestones ever in Indian legal history. Namely the opening up of our judicial “collegium” and its secretive decision making processes to the public eye. Given the secrecy with which Collegium decisions/deliberations were shrouded for over two decades now, this is nothing short of revolutionary! Unfortunately, this new transparency notwithstanding, we are still left in the dark as to the “metric” used for measuring judicial “merit”….


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Others

SpicyIP Weekly Review (October 8-14)


This week’s topical highlight was Rajiv’s post on Quickcompany, an exciting new venture in the IP field. Quickcompany has collated all trade mark related data in India, and offers users the ability to undertake a variety of TM-related searches. It has also generated a report tracking trends in filings and registrations, and right holder preferences between 2008 and 2017 (till the month of July). Rajiv, in his post, has included said results, which make for very interesting reading. The thematic highlight for…


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Patent

Indian Mobile Manufacturers Dragged over the Coals by Ericsson and the Delhi High Court with Little Regard for Procedural Fairness


As many of our readers may be aware, there is long running litigation between Ericsson and Indian mobile phone manufacturers like Micromax, Intex, Lava and Gionee over the alleged infringement of 8 standard essential patents (SEPs) by the latter. We’ve written about it earlier over here, here and here. The intersection of standards and intellectual property rights has for long been a contentious issue but more so in context of the telecom industry. The technological requirement for having standards is…


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Others

Launch of a Book on ASEAN IP, ‘International Intellectual Property and the ASEAN Way: Pathways to Interoperability’


We are happy to bring to our readers a short blurb on a new book on ASEAN IP, ‘International Intellectual Property and the ASEAN Way: Pathways to Interoperability’, that has been edited by Prof. Elizabeth Siew-Kuan Ng of National University of Singapore and Prof. Graeme Austin of Victoria University of Wellington. The book was launched at the EW Barker Centre for Law and Business at the National University of Singapore on 19th September, 2017. “ASEAN IP Interoperability” – A New Paradigm…


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Competition Law Patent

Thoughts on Regulatory Tussles Involving CCI – II


[*Long post] I shall be dealing with the Delhi HC judgment on Telefonaktiebolaget LM Ericsson v. Competition Commission of India and Anr, limited to the issue of Competition Act versus Patents Act. The idea is to simplify the judgment for the benefit of readers and present views where applicable. This is strictly an academic exercise. I shall not be dealing with the facts and other issues since the mandate is limited here. SpicyIP had already dealt with this judgment before….


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