Competition Law

Thoughts on Regulatory Tussles Involving CCI – I


Introduction The world does not need any more lessons on the need for a “regulated” market so as to preclude market failures. At the same time, it is imperative to design a regulatory framework with minimum frictions amongst the regulators themselves. Having set the context, I intend to pen down my thoughts on regulatory tussles involving Competition Commission of India (CCI). In subsequent posts, I shall critically examine the Delhi High Court judgment in 2016 (Ericsson case) which dealt with…


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Patent

Section 47 Pops Up Again in Patent Litigation Involving a Government Tender for Public Procurement


Our readers from the Hyderabad High Court have informed us of a recent order passed in a case filed by a patentee against the State Government of Telangana and some other private parties for allegedly infringing its patents no. 196432, 196439 and 211904 that cover the ‘Ball Drive Flow Control Valve’ when it issued a tender for the same. Apart from filing a patent infringement lawsuit before the civil court (O.S.No. 734 & 735 of 2017 before the IIIrd Addl….


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Trademark

Mersal: A Trademark Kollywood Masala Movie


   Kollywood is distracted. With questions swirling around the “big-wigs” of Kollywood’s decision to dip their toes into the cesspool of Tamil Nadu politics, some of the lesser demi-gods have been forgotten. Vijay, or Ilayathalapathy (Young Leader) as he’s called by his ardent and occasionally rabid fans, was one of the forgotten few. That is, till he started advertising his latest movie. (NOTE: A part of this article is going to employ a common cinematic device: A story within a…


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Copyright

Dinkar on Copyright Law and Its Importance in a Democracy


Just a few days ago on September 23rd, India celebrated the birth anniversary of Ramdhari Singh Dinkar (1908-1974), one of India’s most famous Hindi language poets who has been awarded the Sahitya Akademi Award, Padma Bhushan and Bharatiya Jnanpith. A freedom fighter born in Bihar, Dinkar was also a Member of the Rajya Sabha for several terms. I came across one of his speeches while researching for my book with Sumathi and I was amazed by his articulation of copyright…


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Copyright

Piracy and Terror Financing: Is the Devil Still in the Details?


We have in the past examined whether there exists a nexus between piracy and funding of terrorism and/or organised crimes (see here and here). The pertinent takeaways from our analyses were that most of the studies/reports, which have attempted to establish such a nexus have been inconclusive. As Swaraj had pointed out, there were contradictory statements from even within those who attempted to draw out this link. While this causal link continues to remain inconclusive, Union Home Minister, Mr. Rajnath…


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Competition Law Patent

TRAI Invites Comments on Patents Act, FRAND | Views on Inter Agency Co-Operation


Last week, the Telecom Regulatory Authority of India (TRAI) issued a consultation paper on promoting local telecom equipment manufacturing in India and invited comments from readers.  I believe that this is a great opportunity for all stakeholders to provide their comments to the TRAI.  The paper may be downloaded from here or by going to the TRAI site and then at publications / consultation papers. The deadline for submitting comments is 16.OCT.2017 and may be emailed to arvind[AT]trai{dot}gov{dot}in and bharatgupta{dot}[email protected]{dot}com…


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Others

SpicyIP Weekly Review (September 10 – 23)


The thematic highlight for this fortnight was Prashant’s post in response to a recent article by Professor Lawrence Liang on the DU Photocopy Case, almost one year since it was decreed. Prashant, who has previously critiqued the judgment in some incisive pieces on this blog, challenges certain premises on which the article celebrates the Delhi High Court’s judgment, including jurisprudence on whether copyright is a statutory or a natural right, as well as the history and effect of the Stockholm Convention Protocol Regarding Developing Countries. One year after…


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Events

SpicyIP Events: CIIPC’s Second Asia-Pacific Workshop on Innovation, Intellectual Property, and Competition


We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition, National Law University, Delhi will be organising the second Asia-Pacific Workshop on Innovation, Intellectual Property, and Competition from February 5 – 10, 2018. This workshop will take place at the National Law University, Delhi (NLU Delhi). The last date for sending applications is October 31, 2017. For further details, please read the post below:


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Copyright

A New Indian Law Review and Its Scholarship on the DU Photocopy Case


In some good news, the Indian Law Review, founded by a group of Indian academics primarily based in UK, Australia, US and India, has published its first edition. Included in the first edition is an article by Lawrence Liang on the DU Photocopy case. Lawrence is an alum of NLSIU & Warwick, a co-founder of Alternative Law Forum (ALF) and a legend of sorts in the field of law and culture. I was his student on a few occasions at…


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Copyright

Copyright Office to Increase Stakeholder Participation and Transparency


A week ago, Prof. Basheer and Pankhuri brought out an incisive two-part post (here and here) on open access at the Indian Patent Office. Through their study on the accessibility of Compulsory license orders on the IPO website, they successfully highlighted how we at SpicyIP, have always been committed advocates of open, intelligible access. Our previous attempts to further this objective have also been documented in the introduction to their post. For the sake of convenience, and at the cost…


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