Recently, the Amazon Prime web series Mirzapur 2 stirred up controversy over the use of a book as a prop alongwith a voiceover that the author claimed misrepresented his book and tarnished his reputation. In this post, I examine the right to integrity under Indian Copyright law to highlight the free speech issues underpinning these rights as well as their interface with fair dealing considerations. Facts The second season of Mirzapur includes an episode wherein actor Kulbhushan Kharbanda is shown…

Third IP & Innovation Researchers of Asia Conference [Online; March 24-27]

by SpicyIP November 13, 2020

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We are pleased to inform our readers that the Third IP & Innovation Researchers of Asia Conference will be held online from March 24-27, 2021. The deadline for submission of the request to present a paper and the abstract is December 15, 2020. For further details, please read the post below: Third IP & Innovation Researchers of Asia Conference March 24-27, 2021 The Third IPIRA Conference is organized by the IPIRA Network in cooperation with the World Intellectual Property Organization (WIPO) Academy, the World Trade Organization (WTO),…

Patent

The New Form 27 (Patent Working Statement): Heading in the Wrong Direction?

by Adarsh Ramanujan November 12, 2020

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As Pankhuri noted in a recent post, the Government of India published the Patents (Amendment) Rules, 2020 last month, inter alia, amending the format/contents of the working statements or Form 27 to be filed by every patentee and licensee. The contents of the new Form 27 have already been discussed in her post here. Removal of requirement to make statement on meeting public requirement The new Form 27 removes the requirement of having to make a vague statement on whether…

Patent

Indian Government Significantly Dilutes Patent Working Disclosure Norms

by Pankhuri Agarwal November 10, 2020

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As our readers may recall, in June last year, the Government had published a draft amendment to Form 27 for comments. The amendment exercise was undertaken pursuant to the patent working PIL filed before the Delhi High Court by Prof. Basheer in 2015. The Court had disposed of the PIL in April 2018, directing the Government to complete all steps towards effectuating necessary amendments to optimise the patent working provisions within strict timelines. As per its undertaking, the Government had agreed to…

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part II

by Nikhil Purohit November 9, 2020

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This post is in continuation to my previous post (here) highlighting the implications of closed door consultations on amendments to the Copyright Act. Here, I discuss some of the major themes that such amendments must consider. Please note that due to the scope of this post, it is longer than our usual posts. Fair Use and Free Speech The fair use principles (for ‘non infringing uses’) are carved out as exceptions and limitations to the rights of a copyright owner,…

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I

by Nikhil Purohit November 9, 2020

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A few weeks ago, NASSCOM had informed its members that the Copyright Office is seeking comments as to whether there was a need for amendments to be carried out to the Copyright Act. Subsequently, Medianama reported that the consultation process seeking opinions on whether to amend the Act seems to only include industry stakeholders. The updated deadline for sending in comments is November 30. It would seem that some law firms also have been invited to this process (for eg,…

SpicyIP Weekly Review (November 2- 8)

by Nikhil Purohit November 9, 2020

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Topical Highlight Trademark Renewal Procedure: A Slip in IPAB’s Decision in Eveready Industries v. Kamlesh Chadha? In this post, Adarsh notes the IPAB decision in Eveready Industries India Ltd v. Mrs. Kamlesh Chadha allowing rectification and directing the removal of two marks of the Respondent from the Trade Marks Registry. He deals with a specific aspect of the decision wherein IPAB considered one of the marks to have expired in 2006 due to non-renewal, and no restoration petition being filed….

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Appeals to Controllers’ Decisions at IPAB – Part II: The Current Practice of Handling Appealed Matters at the Patent Office

by SpicyIP November 9, 2020

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This is the second part of a two part post by Amit Tailor that digs into the manner in which patent appeals are managed and handled. The first part looked into a worrying trend regarding representation from the Patent Office in IPAB proceedings. This second part examines an RTI response to look deeper into how these appealed matters are handled at the Patent Office. Notably, as he points out, the interaction around this RTI also led to the Patent Office…

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Appeals to Controllers’ Decisions at IPAB – Part I: Manner in Which the Appeals are Getting Disposed of at IPAB

by SpicyIP November 9, 2020

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We’re excited to bring our readers a two part post by Amit Tailor that digs into the manner in which patent appeals are managed and handled. The first part observes a worrying trend regarding representation from the patent office in IPAB proceedings, while the second part zeroes in on an RTI response to look deeper into how these appealed matters are handled at the patent office. Amit Tailor is working as Manager (Sr Scientist) at Cadila Healthcare Ltd, handling patent…

Patent

The Issue of Sovereignty and Grant of Patents in Anti-Anti-Suit Injunction Issued by Delhi High Court

by Mathews P. George November 9, 2020

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SpicyIP recently reported on the Delhi High Court judgment in a SEP dispute where an anti-anti-suit injunction was issued against the anti-suit injunction issued by the Wuhan Court (Interdigital v Xiaomi). There are already two posts on this issue (here and here). My post intends to focus only on one issue, which I consider to be highly relevant. According to me, the issue on the grant of patent by the sovereign that I am discussing, did not get the deserved…

AJAY AMITABH SUMAN { Thanks Praharsh for Sharing on view. The article is based mostly on “Merck Sharp & Dohme Corp v. Sanjeev Gupta” Judgement. But even that Judgment, the Hon'ble High... }
AJAY AMITABH SUMAN { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. While issuing the notice... }
Adyasha Samal { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. That does not require interference into market forces.... }
Adyasha Samal { Sir, I cannot locate the stay order. Could you please provide a link? }
Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }

De-Coding Indian Intellectual Property Law

Mirzapur 2 Controversy: The Right to Integrity and Free Speech

Third IP & Innovation Researchers of Asia Conference [Online; March 24-27]

The New Form 27 (Patent Working Statement): Heading in the Wrong Direction?

Indian Government Significantly Dilutes Patent Working Disclosure Norms

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part II

Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I

SpicyIP Weekly Review (November 2- 8)

Appeals to Controllers’ Decisions at IPAB – Part II: The Current Practice of Handling Appealed Matters at the Patent Office

Appeals to Controllers’ Decisions at IPAB – Part I: Manner in Which the Appeals are Getting Disposed of at IPAB

The Issue of Sovereignty and Grant of Patents in Anti-Anti-Suit Injunction Issued by Delhi High Court

Patent Drafting Positions

DIGITAL Fellowship 2021