We are pleased to present this piece by Mr. Rajesh Kumar and Ms. Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house). Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating…

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IP Reveries: Class 4.2 Ruminating on the “R – Rights” of IPR!

by Swaraj Paul Barooah July 3, 2022

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The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings. The series is authored by Lokesh Vyas and myself in equal measure. For a general introduction to this IP Reveries series, please check…

Others

Reminder: Shamnad Basheer Essay Competition Deadline Coming up, Prize Money Doubled

by SpicyIP June 30, 2022

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As a reminder to our readers, the deadline for submissions to the 3rd Shamnad Basheer Essay Competition on Intellectual Property Law is just a couple of weeks away – July 14th, 2022 (23:59 IST). Edit: now extended to July 24th, 2022 (23:59 IST) We’re also very happy to announce that an anonymous supporter has generously agreed to double the prize money for the winners! The first, second and third prize winners will now be getting INR. 30,000, INR 20,000 and…

The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

by SpicyIP June 28, 2022

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We’re pleased to bring our readers Part 2 of the series by Surabhi Pande and Devvrat Joshi looking at the proposed draft amendments to the IT Rules, 2021. The first part looked at two specific proposed provisions and argued that they would impact the ability of intermediaries to avail safe harbour provisions. This second part continues the analysis of the draft amendments, looking at some of the remaining provisions and takes issue with the lack of clarity. Readers may be…

The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

by SpicyIP June 27, 2022

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We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions. Surabhi Pande and Devvrat Joshi are both Senior Associates in the Dispute Resolution Team at Saikrishna…

Design

Book Release: The Finished Article: Essays on Indian Designs Law

by SpicyIP June 27, 2022

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We’re pleased to bring to you a guest post by Eashan Ghosh on his second book, recently released titled “The Finished Article: Essays on Indian Designs Law”. Eashan has been 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 Indian intellectual property law on his Medium page. He has written several guest posts for us in the past as well,…

Patent

Compulsory licensing for expensive medicines: KCE report

by Aparajita Lath June 22, 2022

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The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. This report comes at an opportune moment. Public attention for intellectual property rights and the role it plays in the pharmaceutical sector has significantly revived due to Covid 19. The report does not focus on compulsory licenses (CLs) in emergency situations (like the Covid pandemic), but on the potential to use compulsory licenses for ‘excessively priced’ medicines outside of emergency situations. Ordinarily,…

Others

IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

by Swaraj Paul Barooah June 19, 2022

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Image of "speech" in jail bars, and a stick figure writing a letter, with the words "Write to Free Speech"

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Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

by Mathews P. George June 19, 2022

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Justice Pratibha Singh of the Delhi High Court, vide judgment dated 3 June 2022 in Vishal Pipes Limited v. Bhavya Pipe Industry, held that all the IPR disputes, irrespective of their valuations, should be listed before the commercial district court judges. If the subject-matter IP is valued below 3 lakhs rupees, the Court will examine whether the valuation is correct or not. If the valuation is found to be below 3 lakhs rupees, the suit will be treated as a…

COVID-19 Patent

Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)

by Praharsh Gour June 17, 2022

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After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it. While multiple detailed assessments of this Draft Decision are due in course, I’ll quickly highlight a few key pointers which stand out (for better or worse) Footnote 1: Defines ‘eligible Members’ to…

Sandeep { I think it would be worthwhile to see how a very zealous TM campaign is run ... }
Akshat Agrawal { Another extract from an interesting discussion on the post elsewhere (with consent of the discussant): Shreyak Patnaik: The article was very nice! I have personally also have had... }
Akshat { This comment is reproduced from an interesting discussion on this post elsewhere (with the consent of the discussant): Sandhya Surendran: Nicely analysed, Akshat. However, I’d like to perhaps... }
Praharsh Gour { Dear sir, Thank you for sharing the case. This new order does answer the question that though PI is a dominant factor, it's not the only factor that... }
Sandeep { Praharsh: Do look at another Sun ruling on the same time: https://indiankanoon.org/doc/108341808/ }

De-Coding Indian Intellectual Property Law

Old Is No Longer Gold: Do Copyright in Films/Songs Expire with the 60 Year Limit?

IP Reveries: Class 4.2 Ruminating on the “R – Rights” of IPR!

Reminder: Shamnad Basheer Essay Competition Deadline Coming up, Prize Money Doubled

The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

Book Release: The Finished Article: Essays on Indian Designs Law

Compulsory licensing for expensive medicines: KCE report

IP Reveries: Class 4.1 Ruminating on the “R – Rights” of IPR!

Delhi High Court on ‘Specified Value’ of IP suits under Commercial Courts Act

Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)