Call for Applications: Post of Research Officer at CUSAT Kochi’s Inter University Centre for IPR Studies [Apply by January 31]

by SpicyIP January 16, 2022

We’re pleased to inform you that The Inter-University Centre for IPR Studies at CUSAT, Kochi is inviting applications for the post of Research Officer (Science/Technology). For further details, please see the announcement below: Call for Applications: Post of Research Officer at CUSAT Kochi’s Inter University Centre for IPR Studies The Inter-University Centre for IPR Studies invites applications from qualified candidates for engagement to the post of Research Officer (Science/Technology) in IUCIPRS on a contract basis for one year. The deadline for…

Publication

Call for Papers: GNLU Journal of Law and Technology

by SpicyIP January 13, 2022

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We’re pleased to inform you that the GNLU Centre for Law and Technology is inviting submissions for GNLU Journal of Law and Technology. For details, please see their call for papers below. Call for Papers for GNLU Journal of Law and Technology SUBMISSION GUIDELINES The GNLU Journal of Law and Technology encourages paper submissions focusing on the amalgamation of any area of technology and law. GNLU Journal of Law and Technology is a bi-annual journal open for submissions from academicians,…

Bombay HC Clarifies the Contours of Copyright Infringement and Confidentiality Law

by Namratha Murugeshan January 13, 2022

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The Bombay High Court in Tarun Wadhwa v. Saregama India Ltd & Anr deliberated upon the intersection of copyright infringement and confidentiality law and held that ideas cannot be copyrighted but can be protected through the application of confidentiality law. Background The case, decided by a single-judge Bombay High Court bench, concerned an allegation by the plaintiff, Tarun Wadhwa, of copyright infringement and breach of confidentiality. Wadhwa claimed that he had written a synopsis and a screenplay, Haila Zombie!, which…

Open Access Book on Negotiating History of the WCT and WPPT by Dr. R.V.V. Ayyar

by Swaraj Paul Barooah January 12, 2022

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Some time ago, we had brought to you a list of freely accessible scholarly material on and around Intellectual Property – the post is here and the list is here – and are happy to say that we are in the process of updating that list with even more books and materials! There is however one stand-out entry that looks like it will be of interest to several of our readers. Published in late 2021, Dr R.V.Vaidyanatha Ayyar’s 421 paged…

Patent

Section 3(b) Rejections: Patent Office Rejects Claims for Nicotine Delivery Devices

by Namratha Murugeshan January 12, 2022

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We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(b) provides that “an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to…

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[Sponsored] LexisNexis Introduces New Legal Issue Analysis for PTAB Ex Parte Decisions in LexisNexis PatentAdvisor

by SpicyIP January 11, 2022

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We’re pleased to inform you that Lexis Nexis has introduced new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor. For further details, please see their announcement below: LexisNexis introduces new legal issue analysis for PTAB ex parte decisions in LexisNexis PatentAdvisor, enabling search issue-tagged decisions and locating effective arguments at every interaction with the USPTO. LexisNexis Legal & Professional today announced the launch of PTAB Decisions, an enhancement to the market-leading patent prosecution analytics tool LexisNexis PatentAdvisor….

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A Look Back at India’s Top IP Developments of 2021

by Namratha Murugeshan January 2, 2022

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Here’s wishing all our readers a very happy, safe, and healthy new year! Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and c) Top 10 Other IP Developments The decisions in the first category, i.e., Top 10…

Patent

Delhi High Court grants interim injunction to Novartis against Natco’s use of Revolade patent

by Praharsh Gour December 27, 2021

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The Delhi High Court recently granted an interlocutory injunction to Novartis against Natco’s use of Eltrombopag Olamine (EO). The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The court in the present matter seemed to have sided with the former and placed the ‘presumption’ of validity of a patent at…

Plant Variety Protection

Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection

by SpicyIP December 27, 2021

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We’re pleased to bring to you a guest post by Arun Mohan on the recent order by the PPV & FR Authority dated 03.12.2021 in the “revocation application relating to FL 2027- Kavita Kuruganti”. Arun has been a regular guest blogger for SpicyIP and you can find his bio and posts here and here. Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection Arun Mohan The recent order of the Protection of Plant Varieties and Farmers Rights…

Opportunities Patent

Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field [Dec 13-15; Apply by Dec 10]

by SpicyIP December 6, 2021

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We’re pleased to inform you that Inter University Centre for IPR Studies (IUCIPRS), CUSAT and Third World Network are jointly organising a free Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field from 13th to 15th December, 2021. Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field Inter University Centre for IPR Studies (IUCIPRS), CUSAT and Third World Network are jointly organising a Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field. The workshop is online and is open…

Aparajita Lath { Hi Amit - thank you so much for your comment and these insights! As you point out there is an easy, practical or technical fix to this. The... }
Shobhit { Thats the whole problem with this line of judgment. Even a modest 1000 cr. brand can never protect its IP as the court fee itself for each suit... }
Anon { See paras 42 - 46 of vishal judgment. The Delhi High Court and Kerala High court held that the valuation of the suit for the purposes of Court... }
Anon { See paras 42 - 46 of vishal judgment. The Delhi High Court and Kerala High court held that the valuation of the suit for the purposes of Court... }
Shobhit { Also, to highlight another interesting development from the ground, an order by a District Commercial Court observing: "Consequent upon directions of Delhi High Court in case ' Vishal... }