Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums?

by Divij Joshi June 15, 2020

Telegram, a widely used instant messaging platform, is in a copyright soup before the Delhi High Court, concerning the circulation of ‘e-papers’ or digital versions of newspapers, through open Telegram Channels, a group messaging feature available on the app. In an order dated May 29, 2020, Justice Mukta Gupta issued an ad-interim injunction directing Telegram to provide information about the subscribers or ‘owners’ of certain Telegram Channels allegedly circulating online versions of Dainik Jagran, a Hindi daily. Further, Telegram was…

Patent

Why is the Patent Agent Exam Held in Only English? : Addressing the Language Barrier to a More Accessible Patent Regime

by Namratha Murugeshan June 12, 2020

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The Government released a public notice for the Patent Agent Examination 2020 sometime in February this year. Around the same time, we received information regarding a grievance to the Prime Minister’s Office on the Patent Agent Exam being conducted only in English and not in Hindi, even though patent applications are allowed to be filed both in English and Hindi. The other issues highlighted in another set of grievances relate to a few discrepancies concerning e-filing of patents in Hindi,…

Innovation

Consultation Process for New Science, Technology and Innovation Policy 2020 Begins – How to Contribute?

by Swaraj Paul Barooah June 12, 2020

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The Ministry of Science and Technology recently announced the initiation of the consultation process for the new Science, Technology and Innovation Policy 2020. Notably, the consultation process which started recently, seems to be very inclusive as it is described (more on that below). For those interested, there is a virtual town hall meeting, as the launch event for public consultations, happening later today, from 6:30 pm to 8:00 pm IST – more details here. Reproducing the PIB notification: “The Office…

SpicyIP Fellowship: Digital Copyright Exhaustion in India – A Need For an Expansive Application

by SpicyIP June 11, 2020

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We’re happy to bring you a guest post by our Fellowship applicant, Vedangini Bisht, arguing for expansion of the copyright exhaustion doctrine to the digital medium in India. Vedangini is a 3rd year law student at National Law University, Delhi. Her first submission for the Fellowship can be viewed here. Digital Copyright Exhaustion in India: A Need For an Expansive Application Vedangini Bisht According to the doctrine of copyright exhaustion, when the owner of a copyrighted work gives consent for…

Government Copyright over Bare Acts: India’s Georgia et al Moment on the Horizon?

by Balu Nair June 10, 2020

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picture of a lock with three signs - off, enable and access

Late last month, the Supreme Court issued notice to the Union of India in an appeal against the Delhi High Court’s decision in Arpit Bhargava v. Union of India and Anr. As I had covered earlier on the blog, the Appellant, Arpit Bhargava, had filed a PIL before the Delhi High Court seeking a direction from the High Court to mandate the Central Government to make hard copies of legislations available at a reasonable price. He had argued that publication…

COVID-19 Data Exclusivity Innovation Patent

Patents for Pharmaceutical Innovation – Basic Concerns

by Swaraj Paul Barooah June 9, 2020

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Comparison of BRICS countries Public Health spending. Please contact author if you want breakdown of details

Covid 19 seems to have done what public health activists have been crying hoarse about for years – that is, shine a bright spotlight on the various inadequacies of the public health systems around the world, and its related issues. With several public calls for letting patent rights on pharmaceuticals take a back seat vis-a-vis this pandemic, this bright spotlight has also shone on those who’ve been lobbying for ever-restrictive patent rights on pharmaceuticals. For example, as KEI has pointed…

Events Opportunities Sponsored

LexisNexis IP’s Live Webinar on How to Conduct a Prior Art Search Using ‘TotalPatent One’ [June 18]

by SpicyIP June 9, 2020

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We’re pleased to inform you that LexisNexis IP is organizing a live webinar on how to conduct a prior art search using their patent search software ‘TotalPatent One’ on June 18, 2020. For further details, please read the announcement below: Live Webinar on How to Conduct a Prior Art Search in the Largest Pool of Patent Documents We, LexisNexis Intellectual Property, are a leading global provider of the entire patent workflow solutions designed specifically for professionals in the intellectual property…

Opportunities

Reminder: 1st Shamnad Basheer Essay Competition on Intellectual Property Law [Submit by June 30]

by SpicyIP June 9, 2020

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On the occasion of our Founder Prof. (Dr.) Shamnad Basheer’s 44th birth anniversary on 14th May, we had announced the first edition of the Shamnad Basheer Essay Competition on Intellectual Property Law to celebrate his memory and his legacy of outstanding scholarship. After the announcement of the competition, we’d answered some common queries that we’d received from the interested participants here. We wish to remind you that the deadline for submissions for the competition is June 30, 2020 (23:59 IST)….

Patent

SEPs and Confidentiality Clubs: No Compatibility With Each Other

by SpicyIP June 8, 2020

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing why it is not in a defendant’s best interests to agree to a confidentiality club arrangement in a SEP litigation. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. His…

SpicyIP Weekly Review (June 1 – 7)

by SpicyIP June 8, 2020

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[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Bombay High Court Finds Web Series ‘Singardaan’ Prima Facie Infringing: Does Copyright Law Protect Themes of Stories? Arun covered the decision of the Bombay HC in Shamoil Ahmad Khan v. Falguni Shah, wherein the Defendants were temporarily restrained from making further adaptations or using their web series. He notes that the Court applied a distinct ‘abstraction’ process to compare the Parties’…

Arun Mohan Hi! I do agree, the judgement is definitely worth a read! As for your criticism that " What sort of analysis on reputation is that? " on the...

'Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet'
IP Ji 90% of this so called article is the judgement, and the so called "comments" are pedestrian at best. In fact, the author doesn't even take the trouble of...

'Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet'
Dr. Sunanda Bharti Mohan Vidhani, it is still not being used in the way a TM is required to be 'used' under the current TM laws. I wonder if it was...

'What Kind of Trademark is ‘Make in India’? A Brief Academic Inquiry'
Dr. Sunanda Bharti Yes, Gairik Ghosh being deeply interested in trademarks, I find this mark to be confusing and amusing at the same time. The play of 'made' and 'make' is...

'What Kind of Trademark is ‘Make in India’? A Brief Academic Inquiry'
Does copyright actually inventivise creation? Or is it a corporate illusion? Read Madhavi Sundar or Dan Pink or Eric Johnson to get some perspective before arguing for Copyright...

'Does Copyright Law Protect Presentation of Gastronomic Creations?'