Others

SpicyIP Weekly Review (August 26-31)

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Last week, Rishabh Mohnot had reported that the IPAB’s website (ipabindia.org) was malfunctioning. This week, Rishabh wrote a report on the reasons for this. In his report, he states that the domain name was voluntarily auctioned to a private party on 2nd May this year! Further, the domain name, ending with ‘org’ has flouted the Guidelines for Indian Government Websites (GIGW) 2018, under which a Government website must possess the secondary domain name ‘gov’. Thus, he suggests that the auction…


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Privacy

Hello Identity, Are You There? It’s Me, the Right of Publicity!

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When FaceApp took the Internet by storm, there was furor over its broadly worded privacy policy. FaceApp is not alone, as there is similar backlash against Facebook’s vaguely worded terms. For instance, take a look at this term in Facebook’s policy: “Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on Facebook next to…


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Copyright

Is the Clock Ticking for TikTok’s Intermediary Liability Exemptions?

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A recent stand-off between TikTok and ShareChat, two major online social media platforms in India has brought to fore several issues and inconsistencies in India’s intermediary liability regime. On August 23, it was reported that ShareChat, the ostensibly ‘homegrown’ social media app, complied with certain takedown notices sent by TikTok over content which had previously been shared on TikTok, claiming it had ‘exclusive rights’ over such content, and it was being uploaded and shared without authorisation on ShareChat. On August…


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Copyright

Is the JNU Data Depot Even “Reproducing” Papers?

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There have been two pieces on this blog about Carl Malamud and Andrew Lynn’s JNU data depot project and whether it violates Indian copyright law. While Dr. Arul George Scaria argued that it doesn’t, and argued that section 52(1)(a)(i) of the Copyright Act, 1957 would protect this project, the indefatigable Prashant Reddy argued otherwise. The debate needs more hard facts on how the data depot acquired the data to decide this way or that, but I would think, making certain…


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Patent

Del HC Clarifies that No Infringement Action is Maintainable in Respect of a Revoked Patent

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A recent decision by Justice Prathiba Singh of the Delhi High Court, in the case brought in by Novartis AG against Natco this year, reiterates the black letter law regarding non-maintainability of infringement actions in respect of unregistered or revoked patents. Section 62(2) read with Section 11A(7) of The Patents Act, 1970 provides that “No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent…


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Patent

Del HC Vacates Interim Orders Restraining Dr. Reddy’s & Ors. from Selling AstraZeneca’s Ticagrelor

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On 8th August, the Single Bench of the Delhi High Court vacated the interim orders granted in favour of AstraZeneca (‘plaintiff’) preventing Micro Labs, Natco Pharma and Dr. Reddy’s Laboratories (‘defendants’) from selling, marketing or dealing with TICAGRELOR (an effective platelet aggregation inhibitor) or any other product violating the plaintiff’s registered patents- IN 907, IN 984 and IN 674. The case relates to two important issues, namely, selection patents and the difference between coverage and disclosure in a patent. The…


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Others

Mission Report: What is the Current Status of IPAB’s Website?

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Last week, I had reported that IPAB’s website was malfunctioning. It had been displaying untoward links that did not belong on a website run by the IPAB, or any other tribunal for that matter! My guess (based on gossip travelling around the grapevine) was that this was a successful hacking attempt, and nothing more. Indeed, this conclusion would sit well with current trends, with the there being at least 25 reported instances of successful hacking attempts of government websites only…


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Others

The Shamnad Basheer IP/Trade Fellowship with Texas A&M University School of Law [Apply by Sep 15]

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A picture of Prof Shamnad Basheer

Even as we continue to come to terms with the passing of Prof. Shamnad Basheer, it has been of some comfort to hear of the various initiatives and ideas that people have started considering to help continue carry his legacy forward, in both the IDIA community as well as the IP community. While we look forward to seeing many of these ideas bloom, we are pleased to bring to our readers news of one such initiative that has just been…


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Others

SpicyIP Fortnightly Review (August 11-25)

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This month, we received the tragic news of the passing away of our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer. He touched the lives of all of us here at SpicyIP in innumerable ways and always encouraged us with our work at the blog on a day-to-day basis. His loss cannot be put into words, but we hope to honour his legacy by continuing the good work he started with SpicyIP. See the tribute penned for our blog by…


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Competition Law Data Exclusivity Overlaps in IP Patent

Shogun Organics: Burden of Proof and Follow On Registrations

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Shogun Organics Limited v. Gauri Hari and Others is a curious case concerning burden of proof and an apparent conflict between the Patents Act, 1970 and the Insecticides Act, 1968. Facts Shogun Organics Limited (plaintiff) filed a suit seeking a permanent injunction to restrain the defendants from infringing its process patent. The patent relates to the manufacturing of d-trans Allethrin (an active ingredient in mosquito repellants). Shogun had also obtained an ‘original’ registration for the manufacture of this product under the…


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