Copyright Others

Does Sui Generis Protection of Unoriginal Databases Reconcile Access and Incentive to Actualise Public Good?

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We’re pleased to bring to you a guest post by Siddharth Sonkar. Siddharth is a 4th year student at NUJS, Kolkata. Does Sui Generis Protection of Unoriginal Databases Reconcile Access and Incentive to Actualise Public Good? Siddharth Sonkar Recently, theft of databases, especially in the Business Processing Outsourcing (BPO) sector in India has reportedly become endemic, ushering the database industry towards a market failure. Database industry in India loosely comprises companies which generate databases relating to banking and finance stock markets,…


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Publication

Call for Submissions to the Indian Journal of Law and Technology (IJLT) Blog

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We are pleased to announce that the Indian Journal of Law and Technology Blog is calling for articles from students and academics interested in the field of law and technology. For further details, please see the call for submissions below: Call for Submissions to the Indian Journal of Law and Technology Blog About IJLT The Indian Journal of Law and Technology (IJLT) is a student-edited, peer-reviewed, completely open access law journal published annually by the National Law School of India…


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Copyright

Is Braille a ‘Language’ Capable of Translation, Reproduction or Adaptation under Copyright Law?

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We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti. Dr. Sunanda is an Assistant Professor in Law at Delhi University. She has written a guest post for us in the past as well, which can be viewed here. Is Braille a ‘Language’ Capable of Translation, Reproduction or Adaptation under Copyright Law? Dr. Sunanda Bharti It is ITC’s advertisement in which the leading health and hygiene brand, Savlon is shown introducing Braille enabled packs of Savlon Antiseptic Liquid…


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Patent

Supreme Court Saves Monsanto From Its Own “Incomprehensible” Legal Strategy

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 In a judgment delivered today, the Supreme Court set aside the judgment of a Division Bench of the Delhi High Court which had revoked Monsanto’s patent and remanded the matter to the trial court. The issue of patent validity remains open and has not been decided by the court, as has been wrongly reported by the media. This litigation had kicked off in 2015 with Monsanto winning at the interim stage before the trial court followed by it losing grandly…


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Copyright

A Draft Amendment to the Cinematograph Act could Put You In Jail the Next Time You Record an End-Credits Scene in a Movie Hall

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The Ministry of Information and Broadcasting recently published a draft amendment to the Indian Cinematograph Act of 1952, with the stated aim of countering film piracy. The draft amendment, to Section 7(4) of the Cinematograph Act reads – “Notwithstanding any law for the time being in force including any provision of the Copyright Act, 1957, any person who, during the exhibition of an audiovisual work, cinematographic in an exhibition facility used to exhibit cinematograph   films   or   audiovisual   recordings   and   without  …


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Trademark

IP vs Morality vs Free Speech: What the Fuct?

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As some of you may have heard, the USPTO denied a trademark to Erik Brunetti’s “FUCT” line of apparel on grounds that the mark was immoral/scandalous! The Court of Appeals for the Federal Circuit (CAFC) ruled that the refusal was unconstitutional since it violated the constitutional guarantee of free speech. The US government appealed and the US Supreme Court just granted cert and will hear arguments soon. As Dennis Crouch notes in Patently O: “..the Federal Circuit sided with Brunetti…


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Others

SpicyIP Weekly Review (December 31-January 6)

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We started 2019 with a bang-and quite a few interesting posts! Thematic Highlight  We had an enlightening guest post related to the Mosanto v. Nuziveedu case. In her post, the author notes that the Delhi HC had relied on a number of European precedents to conclude that Monsanto’s claimed invention covering the Bt gene construct and a process for preparing the transgenic Bt Cotton plant amounted to an “essentially biologically process” (which is excluded under Section 3(j) of the Patent…


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Patent Plant Variety Protection

Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu

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We are pleased to bring to you an insightful guest post by Dr. Deepa Kachroo Tiku on a contested provision of patent law involving the exclusion of plants/animals and essentially biological processes. As readers are aware, this exclusion (section 3(j)) is at the forefront of a big ticket patent battle between Monsanto and Nuziveedu. As we understand, the hearings have concluded and the court is expected to issue a decision sometime soon. Deepa is a partner at K&S Partners and…


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Trademark

Trademarking “Hakuna Mata”: A Problem Free Philosophy For IP?

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Even as we were bidding adieu to 2018, one of the most contentious IP issues cropped up. Thanks to Disney’s trademark over Hakuna Matata (from the Lion King) and an online petition protesting against this blatant cultural (mis)appropriation! I reflect on this in the Hindustan Times and excerpt some portions below. Hardly a stress free issue. But then again, these are complex cases not amenable to easy resolution. The best we can do is to continue to debate and remain…


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Others

A Look Back at India’s Top IP Developments of 2018

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Here’s wishing all our readers a Happy New Year! We hope 2018 lived up to your expectations. If it didn’t, forget about it. It’s in the past now – best leave it there as 2019 beckons! As always, we take this time to reflect upon the year gone by – taking a walk down memory lane to recount all the exciting developments that took place in 2018, and reshaped the Indian IP landscape. This year, we’ve divided the developments into…


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