We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court Division Bench’s decision that set aside the Single Judge’s order restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about…

Reflecting Upon the Quality of Innovation and Its Future Roadmap in India

by SpicyIP February 6, 2020

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We’re pleased to bring to you an interesting and insightful post by Mohd Shadab Danish on the long-debated relationship between patents, innovation and economic growth. Shadab is a PhD scholar (Economics) at IIT Indore. The post is particularly timely and relevant in the backdrop of PM Modi’s recent speech wherein he urged the young scientists of the country to “Innovate, Patent, Produce and Prosper”, (seemingly) on the assumption that any and all innovation and patenting by them will make our…

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Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies

by Latha Nair February 5, 2020

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Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling Entities (the DSEs), Amway, Modicare and Oriflame against e-commerce platforms including Amazon, Snapdeal and Flipkart (the defendants). The DSEs engage direct sellers of their products to sell, distribute…

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SpicyIP Fortnightly Review (January 21 – February 2)

by SpicyIP February 5, 2020

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[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Last week, we received an anonymous post on the recent judgment of the Delhi HC in Astrazeneca v. Emcure and Astrazeneca v. MSN. Through this order, the Court held that a species patent can be granted and is enforceable even when an already existing product is covered by a genus patent. The author is of the opinion that this decision suffers from certain…

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It is “Covered”, Yes, but is it “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India

by SpicyIP January 29, 2020

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We’re pleased to bring to you a guest post on the recent judgment of the Delhi High Court in Astrazeneca v. Emcure and Astrazeneca v. MSN Labs. The author of this post wishes to remain anonymous. It is “Covered”, Yes, but is It “Disclosed”? Delhi HC Gives a Huge Shot in the Arm to Pharma Patents in India In a judgment with far-reaching consequences for enforcement of species patents in India, the Delhi High Court in Astrazeneca v. Emcure and…

Events

SpicyIP Events: PatSight – IP Symposium [Mumbai, Feb 28]

by Pankhuri Agarwal January 28, 2020

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We’re pleased to inform you that Gridlogics will be holding a free to attend IP symposium, PatSight on February 28 in Mumbai. For further details, please see the announcement below Join us for PatSight Mumbai on Friday, 28th Feb at Hotel Orchid Mumbai! Gridlogics is pleased to bring you 9th edition of PatSight – An IP Symposium dedicated to discussing innovative techniques in IP search and analysis via examples and case studies. The event will be a great opportunity to…

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?

by SpicyIP January 23, 2020

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We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti on IP protection of kathputlis and other puppets. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here and here. Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You? Dr. Sunanda Bharti Introduction The art of making kathputli was given life by the Bhaat…

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SpicyIP Fortnightly Review (January 6 – 19)

by SpicyIP January 20, 2020

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SpicyIP Fortnightly Review (January 6 – 20) Bhavik Shukla Last week, Swaraj wrote a post on the paradigm-changing order of the Delhi High Court in Ferid Allani v. Union of India & Ors. Through this order, Justice Pratibha Singh directed the Patent Office to re-examine an application filed for a “method and device for accessing information sources and services on the web”. He notes that the order seems to contain three reasons for such a direction: (i) many inventions today…

Events

SpicyIP Events: CUSAT’s Workshop on Research Methods in IPRs [Kochi, Feb 28 & 29]

by Pankhuri Agarwal January 18, 2020

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We’re pleased to inform our readers that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT) is organising a two day workshop on Research methods on IPR, scheduled for 28th and 29th February, 2020. The deadline for submitting applications is January 31, 2020. For further details of the workshop, please read the announcement below: ICSSR Sponsored IInd Hands on Training : Research Methods in Intellectual Property Rights Intellectual property (IP) law is based on many…