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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Overlaps in IP Patent Plant Variety Protection

The Seed(y) Saga: Who Makes Law in India?


Well, if Prabhakar Rao’s response to my op-ed in the Hindu is anything to go by, it would appear that is the executive (govt) that makes law in India. Never mind that the constitution says otherwise; and vests this power with our Parliament! Mr Rao clearly has his own constitutional handbook, drawing from which he notes: “As clarified by the government in the IPR Policy 2016, only the PPVFR Act, 2001 governs IP rights for transgenic varieties.” Firstly, whatever be…


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Patent

What Effect will Trump’s Victory Have on Indian IP law and Policy?


The presidential elections in the United States of America have now concluded with Republican Presidential nominee Donald J. Trump winning a closely contested election. Trump’s election campaign has been unprecedented in the history of the United States. Despite being accused of sexual assault, tax evasion, fraud, draft dodging, bigotry, mocking the disabled and a list of other political sins that were considered unpardonable, Trump still managed to defeat Democratic candidate Hillary Clinton in a close contest. One of the reasons…


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Trademark

In a Welcome Development, Delhi High Court Rejects Prayer for Grant of Punitive Damages in Trademark Infringement Suit


On this Blog, we have previously covered judgments dealing with claims of passing off and trademark infringement in the domain of pharmaceutical products [see here, here and here]. One common thread that runs through all these judgments is the heightened sensitivity of courts to the negative public health ramifications that are likely to result from a failure to promptly and decisively injunct the sale of deceptively similar medicines of a substantially inferior quality. Indeed, after the Supreme Court articulated the…


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Others

SpicyIP Weekly Review (October 30-November 5)


As a result of a large output on the blog in the past week, I have the difficult task of choosing highlights. In my humble opinion, there are multiple posts which are worthy of your attention. Nevertheless, I shall pick a few as highlights. The thematic highlights of the piece are Prof. Basheer and Dr. Arul’s pieces on the relationship between the industry and the academia. In a lucid two part post (here and here), Prof. Basheer, while evaluating the…


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Copyright

Is the Import of Books into India too ‘Tax’ing? Debunking the Myth


We are happy to bring to you a guest post by Tejas Popat, a 2nd year student at the National University of Juridical Sciences (NUJS), Kolkata. In this post, Tejas debunks the myth that the books imported into India are expensive due to a high import duty.   Is the Import of Books into India too ‘Tax’ing? Debunking the Myth Tejas Popat It is widely recognized that academic books often need to be imported to make them available in India. A…


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Others

Bias in Industry Funded Research: A Problem of Funding Source or Lack of Openness in Research?


We are glad to bring to you a guest post by Dr. Arul George Scaria on industry funded research/conferences and bias, a recently much debated issue on our blog. Dr. Scaria is an Assistant Professor of Law and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University, Delhi. The views expressed is this post are his personal and he wishes to thank Kuhuk Jain and Shreyashi Ray for their critical comments on this post. Bias in Industry Funded…


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Events

SpicyIP Events: 1st National Constitutional Law Olympiad by ILS Law College & MKCL


  We are pleased to announce the 1st National Constitutional Law Olympiad being organised by ILS Law College, Pune and Maharashtra Knowledge Corporation Limited (MKCL) in January-February 2017 in commemoration of the 125th birth anniversary of Dr. B. R. Ambedkar.   Eligibility The competition is open to all students pursuing 5 year or 3 year LL.B. course from Indian colleges/universities. There is no cap on number of participants from each college/university. Registration Online registration will be open from October 20, 2016 to…


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