Genus-Species Disputes: Where From Here?

/ By / Patent

We are pleased to bring to our readers this guest post on genus-species patent disputes in India by Dr. Victor Vaibhav Tandon. In this post, Dr. Tandon discusses Delhi High Court’s position on genus-species patents over different cases and assesses what could be the future course for the patentees in disputes involving such cases. Dr. Tandon is an academician turned lawyer, with the law firm Saikrishna and Associates. He continues to teach patent law- rather sporadically- at ILI and ISIL. […]

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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part II

/ By / Traditional Knowledge

After assessing the requirement to mandatorily disclose the source of genetic resource/ associated traditional knowledge under the recent WIPO treaty, in part II of his post, Dr. Anson CJ takes a look at the implication of this requirement on India. Dr. Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi and has previously contributed to the blog here. Interested readers can also take a look at Part I here, and here and here

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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part I

/ By / Traditional Knowledge

Reflecting on the recent WIPO treaty on genetic resources and associated traditional knowledge through the lens of existing literature on the requirement to disclose the source of the resource or the knowledge, we are pleased to bring to you part I of the two part post by Dr. Anson CJ on the WIPO treaty. Part II will discuss the implication of the treaty on India and other developing countries. Dr. Anson is an Assistant Professor at the Inter University Centre

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SpicyIP Weekly Review (May 27-June 2)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts by Lokesh on his ATRIP Winning Essay, the Delhi High Court’s decision in Vans v. FCB and the Delhi High Court’s decision awarding Rs. 200 crore damages in a patent infringement suit. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week ATRIP Winning Essay 2023: Whither Global

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ATRIP Winning Essay 2023: Whither Global South’s Copyright Scholars: Lost in the “Citation Game”?

/ By / Others

Image from here *A slightly long post discussing the key ideas of the essay.* A few months ago, I wrote a detailed post discussing the history of IP teaching in India highlighting that the same gained traction after the 2000s. There I asked, “[w]hether this delay has potentially trapped us in an epistemological framework given a canonical body of work that has already developed during or before our entry into IP teaching and research.” Peter Drahos’ words also resonate here

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

/ By / Trademark

On May 2, the Delhi High Court restrained Vans Inc. from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. Discussing what this observation could mean for trademark proprietors in future litigations, we are

Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use Read More »

DHC Imposes INR 217 Crores as Damages in a Patent Dispute, Mostly Relying on Estimates

/ By / Patent

The May 16 judgement of the Delhi High Court in Communication Components Antenna v. Mobi Antenna Technologies got every litigant’s antennas up for its imposition of damages of INR 217 Crores on the defendant! In a 83 paged decision authored by Justice Jyoti Singh, the judgement (hopefully) ends a 14 year old patent infringement dispute between TenXc Wireless Inc. (whose patent was later acquired by the present plaintiff- Communication Components Antenna INC) and Mobi Antenna Technologies (the defendant). The suit

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[Sponsored] Deadline Extended! Apply Now for the WIPO-NLUD-IPO Joint Masters/LL.M. at NLU Delhi

/ By / Opportunities, Sponsored

We are pleased to inform our readers that the deadlines to apply for the WIPO-NLUD-IPO joint Masters/ LL.M. programme has now been extended. The last dates to apply are June 3, 2024 10th June, 2024 (Indian Nationals) and 28th June, 2024 (Foreign Nationals). For more detail please read the announcement below: Deadline Extended! Apply Now for the WIPO-NLUD-IPO Joint Masters/LL.M. at NLU Delhi The National Law University Delhi is accepting online applications for admission to the Masters of Arts in

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SpicyIP Weekly Review (May 20-May 26)

/ By / Copyright, Patent, Trademark, Traditional Knowledge

Here is our recap of last week’s top IP developments including summaries of posts on the WIPO’s latest Treaty on IP, Genetic Resources and Associated Traditional Knowledge, agreements between EShodhSindhu and different publishers, Calcutta High Court’s decision in the Vodafone v. Saregama case, Delhi High Court’s decision in the Jackie Shroff personality rights case. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of

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Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK

/ By / Traditional Knowledge

Right on the heels of Praharsh’s post on the disclosure requirement in the new WIPO Treaty on IP, genetic resources and associated traditional knowledge, we are pleased to bring to you this guest post by Mr. R. S Praveen Raj highlighting the implications of this treaty on databases like the Traditional Knowledge Digital Library (TKDL) and emphasising on the need for a legislation for protection of traditional knowledge outside the IP framework. Mr. Praveen Raj is a scientist and technology

Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK Read More »

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