Trademark

The Grand Old Indian Trade Marks Register: Episode 2 (1881-1920s)


In Part I of this three-part guest post tracing the birth and early life of the Indian Trade Marks Register, Aparajita discussed the first phase of legislative activity. In Part II (below) and Part III (here) of the post, she examines the change in commercial opinion from ‘no registration’ to ‘pro registration’. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.     The Grand Old Indian Trade Marks Register: Episode 2 (1881-1920s)  Aparajita Lath…


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Trademark

The Grand Old Indian Trade Marks Register: Episode 1 (1877-1881)


We’re pleased to bring to you a three-part guest post by our former blogger Aparajita Lath, tracing the birth and early life of the Indian Trade Marks Register. Part I of the post can be viewed below and Parts II and III can be read here and here. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.   The Grand Old Indian Trade Marks Register: Episode 1 (1877- 1881)…


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Patent

The Amended Form 27 and Uncertainty in Timelines for Filing


We have received a lead from one of our readers on an issue regarding the filing of working statements (Form 27) as per the amendments made to Patent Rules, 2003 in October last year. The Patent Rules, 2003 require patentees as well as patent licensees to file a statement disclosing information regarding the extent to which the patented invention has been worked in India on a commercial scale. The format for this statement is Form 27, provided in the Second…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (February 8-14)


Topical Highlight Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson Praharsh informed our readers that this week the Supreme Court dismissed the AIPPI application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was a part of a writ petition which was disposed of by the court after tagging it to Madras High Court Bar Association decision. Praharsh highlights the issues taken up by the court – the laws regarding…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Breaking: Finance Minister Proposes a Draft Bill in Lok Sabha to Shut Down IPAB


Just hours ago we broke the story about the Supreme Court judgement (pdf) dismissing the application seeking extension of the incumbent IPAB Chairperson and now we are in knowledge of an immensely interesting Draft Bill (pdf) introduced in the Lok Sabha which proposes to shut IPAB for good! The Bill was introduced the day before yesterday (11.02.2021) by the Union Finance Minister Ms. Nirmala Sitharaman, bearing the title “The Tribunals Reforms (Rationalisation And Conditions Of Service) Bill, 2021”. While seeking…


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Copyright Geographical Indication Patent Plant Variety Protection Trade Secret Trademark

Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson


Hitting the (seemingly) final nail and ending the trail of extension requests, the Supreme Court via its order yesterday (12/02/2021 (pdf) ) dismissed the application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was filed by the AIPPI (aka the International Association for the Protection of Intellectual Property) and was a part of a writ petition which was disposed of by the court after tagging it to Madras High Court Bar Association decision….


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Competition Law Copyright Privacy Trade Secret

Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part II


In Part I of this post, I highlighted the possible copyright and trade secret protection over the data mandated to be shared under the Revised Non-Personal Data (NPD) Governance Framework (the Report/Revised Report), and how the Report either overlooks or misunderstands these possible IP protections. In this part, I discuss the shortcomings in the Revised Report’s justifications for overriding IP protection and other rights over NPD. I also briefly explore alternatives to the Report’s heavy-handed regulatory architecture by turning to…


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Competition Law Copyright Data Exclusivity Privacy Trade Secret

Revised Non-Personal Data Governance Framework and Intellectual Property Implications – Part I


The Committee of Experts on Non-Personal Data (NPD) Governance Framework headed by Kris Gopalakrishnan, constituted by the Ministry of Electronics and Information Technology had released its first Report in July, 2020. I had written about the Report for SpicyIP here. In December last year, a revised Report (“the Report/Revised Report” hereinafter) was released by the Committee with the goal of unlocking economic benefit from non-personal data, creating a data sharing framework, establishing community-based rights over NPD and addressing potential harms to privacy…


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Copyright Privacy

Can Celebrities be Sued for Posting Paparazzi Photographs of Themselves on Social Media?


We’re pleased to bring to you a guest post by Manasa S. Venkatachalam, looking into the issues of copyright and right of publicity thrown by celebrities’ unauthorised use of paparazzi photographs of themselves on social media. Manasa is a 4th year student at Gujarat National Law University (GNLU), Gandhinagar. Can Celebrities be Sued for Posting Paparazzi Photographs of Themselves? Manasa S. Venkatachalam In the last couple of years, many celebrities have been sued or threatened to be sued for copyright…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (February 1-7)


Thematic Highlight An Alternative to Delhi HC’s Approach on Confidentiality Clubs in InterDigital-Xiaomi SEP Dispute In this guest post, Abhilasha analyses the recent Delhi High Court decision on confidentiality clubs in InterDigital v. Xiaomi. She first lays down the background in which confidentiality clubs have originated in the Indian IP litigation. She particularly emphasises on the balancing of interests carried out by Delhi High Court in the Vestergaard judgment while creating a confidentiality club. She then analyses the decision in…


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