Copyright

Why Such Small Pittance For Our Music ? : Music Industry Lifts Up Its Voice Against Statutory Licensing


We’re pleased to bring to you a guest post by Simrat Kaur. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law Offices), she is currently practicing under the banner “The Endretta”. Simrat has written several guest posts for us in the past…


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Patent

Trastuzumab Litigation: A Development from the Supreme Court Concerning Reliance (Setback or Inconsequential?)


On 17th December, a three-judge bench of Supreme Court of India in Genentech Inc. & Ors. v. Drug Controller General of India & Ors., set-aside the interim order of the Division Bench of the Delhi High Court dated 18.09.2019 and restored the earlier order of the single judge dated 25.04.2016. This relates to the biosimilar dispute concerning the drug ‘Trastuzumab’, between Genentech and Roche on the one hand, and Reliance, Mylan and Biocon on the other. The litigation saga has…


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Others

SpicyIP Fortnightly Review (Dec 2-15)


Topical Highlight Divij wrote a post on a recent order of the Supreme Court in Google India v Visakha Industries. Through this order, the Supreme Court denied to quash defamation proceedings against Google for its failure to expeditiously remove allegedly defamatory material from its ‘Google Group’ service. Divij notes that this decision is important for online intermediaries operating in India, as it holds that online intermediaries may be liable as a ‘publisher’ in criminal defamation proceedings under the Indian Penal…


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Others

Avnish Bajaj Redux? Supreme Court of India Denies Relief to Google in Criminal Defamation Proceedings


In its judgement in Google India Pvt. Ltd. vs M/s Visakha Industries, delivered on December 10, 2019, the Supreme Court denied to quash defamation proceedings against Google for its failure to expeditiously remove allegedly defamatory material from its ‘Google Group’ service. The case is significant for online intermediaries operating in India, as it holds that online intermediaries may be liable as a ‘publisher’ in criminal defamation proceedings under the Indian Penal Code in certain circumstances. Background Google, the appellant company,…


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Overlaps in IP

WIPO Public Consultation on AI and Intellectual Property


The World Intellectual Property Organisation has called for public comments as part of its process to develop a policy on Artificial Intelligence and Intellectual Property Rights. The call is available here. The call is concurrent with the release of WIPO’s issues paper where it has outlined the following core issues concerning the relationships between AI and IP: (a) Patents (b) Copyright (c) Data (d) Designs (e) Technology Gap and Capacity Building and; (f) Accountability for IP Administrative Decisions. Submissions are…


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Patent Plant Variety Protection

Patents and Plant Variety: Development from Brazil


In this post, I intend to provide my views on the recent judgment of the Superior Court of Brazil (the highest Court in Brazil) dated October 9, 2019 on the overlap (or non-existence thereof) between patent law and plant variety law. Disclaimer 1. I represent Monsanto in India in ongoing litigations on related and unrelated issues. Accordingly, I will not express any views on the position in India; 2. This post is based on a rough/uncertified translation of the judgment,…


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Others

Prof. Shamnad Basheer & Justice Ravindra Bhat on MIP’s List of the 50 Most Influential People in IP 2019


It is with immense pleasure and pride that we inform you that our founder, Prof. (Dr.) Shamnad Basheer has been identified as one of the 50 Most Influential People in IP 2019 by Managing IP (MIP) for his outstanding contribution to the world of IP. This is the second time he has been included in this annually published list, the first time being in 2015. The list is divided into 5 categories, namely, industry leaders, IP authorities, notable individuals, public…


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Others

SpicyIP Tidbit: Press Release on Appeals from IPAB and IP Offices


In a press release by the Ministry of Commerce and Industry, it was clarified that any order of the Intellectual Property Appellate Board (IPAB) and any decision of intellectual property offices (such as the Controller General of Patents, Designs and Trademarks) can be challenged before High Courts by way of a writ petition under Article 226 of the Constitution and before the Supreme Court by way of Special Leave Petition under Article 136 of the Constitution. This press release is…


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Biological Diversity

The New (Draft) Access and Benefit Sharing (ABS) Guidelines – Part II


Continuing further on my comments on the new Draft ABS Guidelines, 2019. Definition of Conventional Breeding Under draft Regulation 12(d), accessing biological resources for “conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping”, is exempt from approval.  This exemption can perhaps be traced to the exclusion of the said activities in Section 2(f) of the BDA. However, the regulations now add a qualifier that such activities are exempt only if…


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Biological Diversity

The New (Draft) Access and Benefit Sharing (ABS) Guidelines – Part I


In this post, I intend to share my views on the draft “Guidelines on Access to Biological Resources and Associated Knowledge and Equitable Sharing of Benefits Regulations, 2019” (draft ABS Regulations, 2019). As many may be aware, the previous version of the same guidelines was issued in 2014, viz., ABS Regulations, 2014. The draft ABS Regulations, 2019, is intended to replace the earlier version and was put up for comments earlier this year. The topic is a little dated, but…


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