Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB

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One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB. At the outset, let me clarify, I am in no way against the idea of having a dedicated IP court, which will ensure timely disposal of…


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Copyright Patent Trademark

SpicyIP Weekly Review (July 19 – 26)

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Topical Highlight Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A In this post, Praharsh discussed the recent Delhi High Court order vacating an ex-parte interim injunction, allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes. He first summarises the key findings of the order. He then analysed the order and argued that the court rightly denied the plaintiff’s excessively restrictive interpretation of Section 107A, and…


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Copyright Geographical Indication Patent Plant Variety Protection Trade Secret Trademark Traditional Knowledge

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System

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As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report…


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Copyright

Do Ashok Kumar Orders Conform to Principles of Equity?

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We’re pleased to bring to you a post by our Fellowship applicant Nishtha Gupta, analysing ‘Ashok Kumar’ injunctions as equitable reliefs. Nishtha is a 4th year B.A. LL.B. student at the NALSAR University of Law, Hyderabad. Do Ashok Kumar Orders Conform to Principles of Equity? Nishtha Gupta Recently the Delhi High Court, in the case of Sony Pictures v. Sportsala TV passed an order restraining and prohibiting over 50 defendants from streaming, broadcasting and making available any content over which…


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Patent

Pesticide Patents: Not ‘Working’ Out?

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Man spraying vegetables with pesticides

Around 15-20% of India’s crop produce every year is lost to factors such as pests and diseases. Pesticides, thus, play an important role in the Indian agriculture sector. While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here, here, and here)….


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Patent

Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A

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The Delhi High Court in an order dated 20th July, 2021 vacated an ex-parte interim injunction (pdf), allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes on the condition that it files an affidavit mentioning the quantities of the drug exported and undertaking that the export is only for the above said purpose. While coming to this understanding, the court relied extensively on the Single Judge’s and Division Bench’s decisions in Bayer v. Union of…


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Others

SpicyIP Weekly Review (July 12 – 18)

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Topical Highlight The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary In this post, Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘to tackle the menace of film piracy’, and is a revision of the Cinematograph (Amendment) Bill 2019. She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. She also highlights another surprising change i.e.,…


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Opportunities Publication

Call for Submissions: The IP Press Law Review Vol. I, Issue I [Submit by September 20]

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We’re pleased to inform you that The IP Press Law Review is inviting submissions for its inaugural issue. The deadline for submissions is September 19, 2021. For further details, please see the journal’s call for submissions below: Call for Submissions | The IP Press Law Review  [Vol. I, Issue I] About The IP Press  The IP Press is a team of IP-Holics, who started this blog to ensure access to the latest intellectual property (IP) issues for all the IP…


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Opportunities Publication

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 5, Issue 1 [Submit by September 19]

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We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication in the Winter 2021 Issue (Volume V, Issue I) of the Journal. The last date for submissions is September 19, 2021. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. V, Issue I] The Board of Editors of the Journal of Intellectual Property Studies [JIPS], is pleased…


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Overlaps in IP Trademark Traditional Knowledge

Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks

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We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat.     Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks Tahhira Somal Nestled in Halsted, Chicago is a Michelin star restaurant that…


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