Video Pirates, Preventive Detention and the Constitution of India

/ By / Copyright

SpicyIP’s good friend K.V. Dhananjay, a practising Advocate, at the Supreme Court of India recently brought to our attention the news that the State of Karnataka was planning to enact a legislation to allow for the preventive detention of ‘Video Pirates’ i.e. people who have been charged with copyright infringement under the Copyright Act, 1957 atleast once. The trend of putting away ‘video pirates’ under preventive detention statutes has picked up with atleast three states already having enacted such legislations […]

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Call for Papers: Indian Journal of Intellectual Property Law 2010

/ By / Uncategorized

The Indian Journal of Intellectual Property Law, a NALSAR University of Law publication, is calling for final contributions for the third issue of its journal. The Journal has an erudite Board of Advisors, and two successful editions already out. Completely organised by a board of Student Editors under the patronage of the Vice Chancellor and Hon’ble Justice UC Banerjee (Retd.), the IJIPL is now looking for articles by students, practitioners and academicians for its next issue to be released in

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INTA Roundtable on Trademark Issues for Inbound Investors into the U.S. and E.U.

/ By / Trademark

In a move that appears to provide a promising opportunity for a lively and informed discussion on a subject that has been oft-neglected in the Indian IP scenario, the International Trademark Association (INTA) has decided to organize a roundtable conference titled ‘Trademark Issues for Inbound Investors into the U.S. and E.U. – A Comparative Perspective with India’ on October 20-22, 2009. The roundtable is certainly an attractive enabling vehicle for the participants to network and trade thoughts with their peers,

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India’s Bayh Dole: A Blind Legal Transplant?

/ By / Patent

The hard hitting editorial from the Mint, that was referred to in an earlier post. For the earlier article in this regard by CH Unnikrishnan, on which this editorial was built, see here. An idea that’s a patent misfit India’s intellectual property rights regime can barely be improved by blindly transplanting a three-decade-old US law. But that’s what the government is trying to do. It’s an old trend. Indian policymaker meets foreign idea; policymaker falls in love with the idea

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The "Spuriousness" of Indian Law: Delinking IP from Drug Regulation

/ By / Drug Regulation, Trademark

The Indian Express published an editorial of mine, where I argue that India needs to urgently amend the definition of “spurious” drugs and delink drug regulation from IP. Saying No to the Wrong Drugs The Drugs and Cosmetics Act (DCA) was recently amended to mandate significantly enhanced penalties for those trafficking in “spurious” drugs. While this attempt to counter the menace of harmful drugs is laudable, the term “spurious” itself is loosely worded and could be interpreted to include even

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SpicyIP Gets New Leader

/ By / Innovation, Trademark

My sincere thanks to all of you who have written such wonderfully supportive messages, upon hearing of my decision to take a small break from SpicyIP. I am now thrilled to announce that after much persuasion, Sumathi Chandrasekharan has agreed to lead the blog in my absence. I’m very positive that this change will be for the better. For one, my style was a little too confrontational and I’ve ruffled a number of proud feathers. Hopefully, under Sumathi’s leadership, SpicyIP

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Re-clarifying the aims and conclusions of the Mashelkar Committee Report

/ By / Uncategorized

The Economic Times recently carried an op-ed by a ‘Delhi-based lawyer and a member of the National Working Group on Patent Law (NWGPL)’ on the Report of the Technical Expert Group on Patent Laws (TEG) also known as the Mashelkar Committee Report which was recently accepted by the government. The basic aim of this Op-Ed is to discuss how the Mashelkar Committee Report had allegedly created a controversy by allegedly mis-quoting a report by Professor Carlos Correa.SpicyIP had extensively commented

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SpicyIP Tidbits: Bharat Matrimony Sues Google for Trademark Infringement

/ By / Uncategorized

According to news reports, Consim India Pvt. Ltd, a Chennai-based entity which owns bharatmatrimony.com has sued Google.com for infringement of its trademark by showing search results of its competitors through the search provided on bharatmatrimony.com. According to Consim, the search using Google on the site throws up results of its competitors such as shaadi.com or simplemarry.com, which is an infringement of its trademark. Another news report states that as part of the search results, sponsored competitive advertisements appear, which Consim

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SpicyIP Tidbits: GI Events in Delhi and Goa

/ By / Uncategorized

There are two sets of events for GI enthusiasts in India, both of which promise to offer exciting discussions on the dramatic changes that are happening right under our noses in the IP community here. We hope you will be able to attend some of them. 1. National Seminar on Geographical Indications: “Where do Indian interests lie?” The Centre for WTO Studies at the Indian Institute of Foreign Trade is organising a two-day programme at Hotel Samrat, Chanakyapuri, New Delhi

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The Indian ‘Bayh Dole’ Bill keeps stirring a hornet’s nest

/ By / Uncategorized

Recent times have seen a lot of discussion on the Protection and Utilisation of Public Funded Intellectual Property Bill that is at present making rounds in the Indian Parliament. The Bill, which contains provisions similar to the U.S. Bayh-Dole Act, has attracted its own share of praises and criticisms till date. The SpicyIP Team has striven in the past to bring forth the relevant aspects of the aforesaid Act, the proposed features of the said Bill as well as the

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