Competition Law Data Exclusivity Overlaps in IP Patent

Shogun Organics: Burden of Proof and Follow On Registrations

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Shogun Organics Limited v. Gauri Hari and Others is a curious case concerning burden of proof and an apparent conflict between the Patents Act, 1970 and the Insecticides Act, 1968. Facts Shogun Organics Limited (plaintiff) filed a suit seeking a permanent injunction to restrain the defendants from infringing its process patent. The patent relates to the manufacturing of d-trans Allethrin (an active ingredient in mosquito repellants). Shogun had also obtained an ‘original’ registration for the manufacture of this product under the…


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Copyright

Malamud’s New TDM Venture May Not be Shielded by Section 52 of the Copyright Act

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Carl Malamud is at it again, riling up copyright owners and setting the stage for yet another lawsuit on a fascinating copyright issue. His latest effort to ‘liberate’ copyrighted information from scientific publishers is an enterprising venture, called the ‘JNU Data Depot’ which is based out of the Jawaharlal Nehru University (JNU) and which was the subject of an excellent report by Priyanka Pulla in Nature. In the past, Malamud has provoked a firestorm of a debate in multiple jurisdictions,…


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Copyright

CJEU Ruling in Pelham v. Hutter : If Sample Recognizable, Then It Infringes, No Matter How Small!

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Recently, the Court of Justice of the European Union (CJEU) issued a ruling as relates to copyright in music. A short media summary of the ruling can be viewed here and the full text can be viewed here. The decision was issued in context of a song created by the group ‘Kraftwerk’. Kraftwerk claimed that that a song ‘Nur Mir’ used a small sample (2 seconds) of their work in continuous loop.  The CJEU held in Kraftwerk’s favour holding, “Sampling…


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Copyright Innovation

Should Indian Copyright Law Prevent Text and Data Mining?

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We are incredibly excited to bring to our readers a guest post by the fantastic Dr. Arul George Scaria, on one of the most cutting-edge developments in technological developments which implicate copyright law – text and data mining and their status under Indian copyright law. Dr. Scaria is an Assistant Professor of Law and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC). He is also an Affiliate Faculty of the CopyrightX program, which is a course offered…


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Copyright

Delhi HC Issues Dozens of Blocking Injunctions under the New ‘Dynamic Injunction’ Process, Asks Government to ‘Suspend Domain Name Registrations’

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The Delhi High Court, over the course of a dozen interim orders between July 27 and August 12, 2019, has issued website blocking injunctions for ISPs to block dozens of websites and their mirror/redirect versions, including popular pirate websites Tamilrockers and eztv. The orders are available here. The ex-parte orders, passed in suits instituted by Warner Bros. Entertainment Inc., compel nine ISPs to block the entire website URL’s for specific websites, and further grant the plaintiff’s ‘dynamic injunctions’, which allows…


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Others

SpicyIP Tidbit: IPAB Website Malfunctioning!

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In January this year, we had reported that the IPAB website was down, leaving the latest orders and judgments of the IPAB inaccessible. For the last few days, we have noticed that the website is back online. But it is not exactly good news, as the website seems to be displaying links that allow one to check their Passenger Name Record (PNR) status for trains online rather than orders passed by the tribunal. Click here and see for yourself! We…


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Others

Shamnad Basheer (1976–2019): The Man, the Academic and the Friend

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While we’re all struggling to come to terms with the heart breaking loss of our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer, we bring to you a lovely tribute to him by Prashant Reddy or the “Prolific” Prashant, as Prof. Basheer often used to fondly call him. Prashant was invited by Prof. Basheer to join the blog in 2007 and had since then worked very closely with him towards fostering transparency in the Indian IP ecosystem, both through regular…


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Others

Keep Shining Upon Us, Our Guiding Star – Prof. (Dr.) Shamnad Basheer (1976 – 2019)

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We are saddened beyond words to inform you that our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer, has passed away in an unfortunate accident. As our readers know, his contribution to legal scholarship, especially intellectual property rights in India, was unparalleled. Beyond that, he established IDIA, which gave wings to the dreams of numerous aspiring law students from marginalized backgrounds to access legal education. His body of work is only matched by his personality – incredibly kind, loving, caring,…


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Others

SpicyIP Weekly Review (July 29 – August 4)

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This week, we had a guest post by Eashan Ghosh on Suzuki Motor v. Suzuki India, a Delhi HC ruling dealing with the trademark infringement of the trade mark ‘SUZUKI’. After giving a brief overview of the case, he then delves into how portions of the judgment have been copied word to word from The Timken Company v. Timken Services, a 2013 Delhi HC judgment. He further delves into the Court’s 3 different renditions of delay and the problem in applying…


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Geographical Indication

Happy Feet and Not-so-Happy Hands: Meaning of GI for Kolhapuri Chappals

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We’re pleased to bring to you a guest post by Dr. Sunanda Bharti on the GI tag for Kolhapuri chappals. Dr. Sunanda is an Assistant Professor in Law at Delhi University. She has written two guest posts for us in the past as well, which can be viewed here, here and here. Happy Feet and Not-so-Happy Hands: Meaning of GI for Kolhapuri chappals Dr. Sunanda Bharati Introduction Though GI in favour of Kolhapuri was registered in December 2018 itself, the news…


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