Copyright

Cohen and Copyright: Lessons in Letting Go


(Image from here: Verse from Cohen’s “Anthem”) “And like that..poof…he [it] was gone!” These legendary lines describing the enigmatic Keyser Söze, (from a stunning suspense of a Hollywood thriller titled “The Usual Suspects”) could well have described Leonard Cohen’s tryst with copyright. For, before he knew it, he’d signed a bunch of papers that effectively divested him of all rights in “Suzanne”, a song that went on to propel him to stardom. But did he weep? Did he cry? No, in much…


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Patent

Analysis of controller’s decisions – April 2016


I am bringing a number crunching post after a long time – and is based on the 400+ decisions issued by Controller’s office in all four patent offices.  April 2016 was a busy month! The rate of grant, and allowance have increased significantly since my last post summarizing the 2013 decisions.  At that time the average number of decisions each month was ~150.  In contrast, the current rate is well over 400 decisions per month.  This is an increase of…


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Others

SpicyIP Weekly Review (November 6-12)


The topical highlight of the week was Prashant’s piece on the impact of Donald Trump’s ascendancy to power, on Indian IP law and policy. Prashant starts off by pointing out the grand declarations made by the President elect who in his manifesto has declared that he will make use of every lawful presidential power to remedy trade disputes if China does not stop its plethora of illegal activities. Prashant traces the brief history of America’s policies starting from the Regan…


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Copyright

IRRO and Publishers’ Associations API and FIP Intervene in the DU Photocopy Case


In the latest development in the DU photocopy case, the Indian Reprographic Rights Organisation (IRRO) and two publishers’ associations, namely, the Association of Publishers in India (API) and the Federation of Indian Publishers (FIP) have intervened in the appeal pending before the Division Bench of the Delhi High Court against the Single Judge’s judgment dated September 16, 2016. The intervention applications filed by them (available here, here and here) were allowed by Justice Pradeep Nandrajog and Justice Yogesh Khanna on…


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Patent Trademark

Public petition: Easing TMR/IPO e-filings


[This post has been co-authored with Shamnad Basheer] A friend of the blog is keen on unleashing an innovative online interface to ease e-filings of trademark (TM) applications and other TM forms. While a trademark registration regime brings with it various perceived advantages, the regime also brings in various administrative requirements that are needed to ensure that the Trade Marks Register is always upto date. A significant part of a client/trademark agent’s time is spent in ensuring that applications, replies,…


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Patent

Anti-Climax or a Win-Win for All: FDA Approves Olmesartan Generics


    We are pleased to bring to our readers a guest post by Mayank Dixit. Mayank works in the IP cell of a multinational pharma company in Mumbai.     Anti-Climax or a Win-Win for All: FDA Approves Olmesartan Generics Mayank Dixit Last week, the FDA approved generic versions of Olmesartan and its combinations with amlodipine and/or hydrochlorothiazide. The development would have been quite a ho-hum affair but for the 180-day exclusivity granted to Mylan for its generic equivalents…


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Patent

Taking the Patent Agent Exam Seriously


We are glad to bring to you a guest post by Dr. Feroz Ali Khader. Dr. Ali is the MHRD IPR Chair Professor at IIT Madras and as a part of the Chair activity, he is offering a free course to provide training for taking the Patent Agent Examination 2016, which is scheduled to take place on November 27, 2016. Taking the Patent Agent Exam Seriously Dr. Feroz Ali Khader On the face of it, the Patent Agents don’t seem to be…


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Events

SpicyIP Events: Panel Discussion on Copyright and Course Packs: A Collision of Competing Values?


We are happy to announce that the Oxford Intellectual Property Research Centre (OIPRC) and the Oxford India Centre for Sustainable Development (OICSD) have organised a panel discussion on Copyright and Course Packs: A Collision of Competing Values?. The discussion will take place from 6 to 8 pm (UTC) on November 24, 2016 at Somerville College in Oxford. In the panel discussion the representatives of the publishers involved in the DU photocopy case (The Chancellor, Masters and Scholars of the University of Oxford and Ors v. Rameshwari Photocopy…


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Drug Regulation

Major Changes on the Cards for Drug Pricing Policy?


In a week when the cash in your hand was turned to pulp and the possibility of the planet itself being turned into pulp in the next four years became alive, it is hard to see any other news grabbing the headlines. Nevertheless, we have news which could potentially capture reader attention once the dust settles on the current events and life (hopefully) goes back to normal. As per reports (see, here and here) an “overhaul of drug policy” is…


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Copyright

Copyrightability and Fair Use of Examination Question Papers


In a recent decision, the Delhi High Court (HC) has vacated an injunction against the publisher of guide books to the ICSE and ISC examination questions papers and directed the Trial Court to adjudicate the injunction application afresh. Parties and Claims The plaintiff is a leading publisher of school-level academic books in India. The Council for the Indian School Certificate Examinations (ICSE Board/ the Board) [Defendant No. 3] conducts examinations of ICSE and ISC Board. The plaintiff had obtained an…


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