Opportunities Patent

Online Roundtable on ‘The Global Implications Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ [September 11]


We’re pleased to inform you that DPIIT IPR Chair, NLU Delhi is organising an online roundtable on ‘The Global Implications of Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ at 3 p.m. tomorrow (September 11, 2020). For further details, please read the announcement below: Online Roundtable on ‘The Global Implications of Unwired Planet v. Huawei: Lessons for India’s Evolving SEP Jurisprudence’ September 11, 2020 Organiser: DPIIT IPR Chair, NLU Delhi Online Roundtable: The Global Implications of Unwired Planet v. Huawei:…


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Copyright Others

Lizzo’s Copyright Victory in Truth Hurts: Joint Authorship and Follow-on Works in the Music Industry in India


  Lizzo, like many other pop stars, has been embroiled in multiple copyright disputes. Recently, she won a case she filed against songwriters Justin Raisen, Jeremiah Raisen, and Justin “Yves” Rothman. They had claimed that the superhit song ‘Truth Hurts’ was derived from ‘Healthy’, which they wrote with Lizzo, making them co-owners of ‘Truth Hurts’ too. Judge Dolly M. Gee of United States District Court in Los Angeles ruled in favour of Lizzo, noting that, “as a matter of law,…


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Patent

Yves Choueifaty v. Attorney General of Canada: An Interesting Development from Canada on Claim Construction and Patent Office Manuals


This time, I want to discuss recent judgement from the Federal Court of Canada – Yves Choueifaty v. Attorney General of Canada, 2020 FC 837 – available here. I found it interesting because it concerned the patentability of computer-related inventions (CRI) and addressed a situation where the Court found the Patent Office Manual to be erroneous. The case concerned the invention that claimed a computer-implemented method concerning investment portfolios. An in-depth assessment of the claims or the technology at hand…


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Innovation Opportunities

NUALS’ 6th CIPR National Essay Writing Competition [Deadline Extended to Oct 18]


We’re pleased to inform you that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi is organizing the an essay competition for law students on the theme ‘Innovate for a Green Future: Role of IP Rights in Encouraging Innovation and Creativity’. The deadline for submission of essays is October 4, 2020 (Edit: The deadline has been extended to Oct 18, 2020). For further details, please read the announcement below. 6th CIPR National Essay Writing Competition The…


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Patent

Interim Injunctions: What’s The Damage? – Part II


Meme with a pic of James Bond, and the caption saying "Name's Bond... Security Bond"

[This post was co-authored with Praharsh Gour. This is part II of our two-part post on interim injunctions. You can view Part I here.] In our previous post, we summarized some of the many issues with interim injunctions in high-tech patent matters. We also pointed to an earlier suggestion of doing away with the interim phase altogether. We highlighted that aside from the possible pro-patentee bias in the grant, there is also the issue of public interest perhaps not being…


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Innovation Trademark

Store Layouts: The New Trademark on the Block


With the development of innovative methods of brand-image building, there has been a proliferation of non-conventional trademarks. After colour, sound, scent marks and the like, proprietors are now seeking to trademark ‘layouts’ of stores and service outlets. These marks are different from architectural trademarks, the first of which in India were registered for the Taj Mahal Palace Hotel (discussed in detail here) and the BSE Building, both situated in Mumbai. While these protect the image of the buildings’ exteriors as…


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Comparative Advertising Copyright Design Geographical Indication Innovation Others Patent Trademark

SpicyIP Weekly Review (August 31- September 6)


Topical Highlight T-Series’ Copyright Infringement Claim against Roposo: Intermediary Liability, Safe Harbour and Fair Dealing In this post, I analysed T-Series’ copyright infringement claim against Roposo. I first flagged two relevant features of the application- a music library and an option to ‘collaborate’. I explore whether Roposo can be considered an intermediary and argue that such holding is possible only for the ‘collaborate’ option, leading to personal liability for the music library. Subsequently, for the ‘collaborate’ option for which it…


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Copyright

Should Illegal Works Receive Copyright Protection?


We’re pleased to bring to you a guest post by Aniruddha Majumdar, analysing whether illegal works should receive copyright protection in India – a question raised by Justice Gautam Patel in his wonderfully thought provoking post on the blog a few years ago, and also engaged with in an insightful response post by Prof. Joshua D. Sarnoff. Aniruddha is an Associate at Talwar, Thakore & Associates in Mumbai. He graduated from NLS, Bangalore in 2019 and was Chief Editor of…


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COVID-19 Trademark

Fluid Trademarks: A Prologue to Trademark Law Going Awry?


We’re pleased to bring to you a guest post by Anshuman Sahoo, arguing that legal recognition of fluid trademarks (which are popularly being used in the context of the ongoing Covid-19 pandemic) is a step in the wrong direction considering the economic rationale behind trademark law. Anshuman is a second-year LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. This post is a follow on to a guest post published on the blog last month, which discussed the application…


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Patent

Interim Injunctions: What’s the Damage? – A Summary


Oprah meme, with text "You get an interim, you get an interim, everyone gets an interim!"

[This post has been co-authored with Praharsh Gour. His previous posts can be found here.] India’s tryst with interim injunctions in high tech patent disputes is a long, problematic one, as covered several times in this blog.  Despite all the issues pointed out, and despite courts stating that it should be used judiciously, it probably surprises few observers to see it being used too frequently. Over the course of this two part post, we will first try to provide an…


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