Competition Law

Competition Commission of India (or Delhi?) Seeks to Outsource Study on Healthcare Industry to Medical Professionals, Radiologists, Pharma Graduates etc.


The Competition Commission of India (CCI) recently floated a ‘Request for Proposal’ (RFP) for an agency to conduct the following study: “Situation Analysis to understand the prescription and referral pattern of Hospitals and Medical Practitioners and also the tie-ups and networking amongst various stakeholders in Health Care Sector”. The study intends to focus on different hospitals, clinics, diagnostic centres, pharmaceutical companies, pharmacists, insurance companies, third party administrators, patients, care-givers, doctors etc. and cover the following specializations: cardiology, neurology, orthopedics, ophthalmology,…


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Copyright

Up Against a ‘Deewaar’: Bombay HC Says No to Unauthorized Remix


A few days after his birth anniversary (read: in an instance of freakish coincidence), one of Kishore Kumar’s famous performances, Keh Doon Tumhe (well known as a hit RD Burman – Kishore Da collaboration) wound up at the Bombay High Court, in the form of subject matter of a copyright dispute. The song was part of a very popular movie from the 70’s – Deewaar. It so happened that the makers of the movie, Trimurti Films, woke up one morning…


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Copyright

IP Protection for the Manganiyar’s Seduction? Throwing Some Light on Copyright in Stage Directions


Anand and Anand report that a dispute involving claims of the infringement of copyright and passing off of Roysten Abel’s awe-inspiring stage production of Manganiyar folk musicians from Rajasthan, the Manganiyar Seduction, has recently been settled without a ruling on the merits of the dispute. The distinctive and extraordinary production by Abel combines the dramatic flair of a theatre production with the enchantment of a live folk music concert, which relies upon the harmonisation of the 43 musicians seated inside…


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Copyright

Screenwriters Association of India Applies for Registration as a Copyright Society


The Copyright Office in the Department of Industrial Policy and Promotion has recently issued a public notice stating that the Screenwriters Rights Association of India (“SRAI”) has applied to the Registrar of Copyrights for registration as a copyright society under Section 33 of the Copyright Act, 1957. The public notice and the application by the SRAI are available here. Public comments including suggestions or objections to the application may be addressed to the Copyright Office by September 28, 2017. From the application…


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Copyright Patent

Basic Case Law Series #1: Baker v. Selden


Introduction to Series This series (“Basic Case Law Series”) serves as a precursor to another series in the pipeline (“Essential Framework Series”), wherein I will attempt to provide readers with a framework for understanding Intellectual Property law. But before I can do that, I felt it would be beneficial to: A. Have a repository of case summaries (of significant cases) that I can refer to in broader posts. B. Provide readers with analyses of significant case laws that deal with…


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Others

SpicyIP Weekly Review (September 3-9)


This week’s thematic highlight was Prof. Basheer’s and Pankhuri’s fantastic two-part post on open access at the Indian Patent Office, dealing specifically with the difficulty of accessing, and poor intelligibility of, the documents uploaded on the IPO website. In Part I, they demonstrated this with the help of the three compulsory licensing orders that have been passed by the IPO. Thereafter, in Part II, they concluded their analysis and advanced specific suggestions to improve transparency at the IPO and make patent data…


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Others

SpicyIP Jobs: Litigation Associate at S. Majumdar & Co., New Delhi


We are happy to inform you that S. Majumdar & Co. is immediately looking for lawyers specialising in IP litigation for its New Delhi office. For further details, please see the job description below: Position Associate (Litigation) Responsibilities The candidate must be competent to draft all kinds of pleadings and appear in Courts, brief Senior Counsels and assist them during the hearings. Desired Joining Date Within two weeks Desired Qualification & Experience LL.B. degree and/or LL.M. Minimum 5 years of…


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Others Patent

Towards More Intelligible “Open Access” at the Indian Patent Office: A Study of Compulsory Licensing Cases – II


This post has been co-authored with Prof. Shamnad Basheer. In Part I of the post, we illustrated that a number of patent records are not accessible on the Indian Patent Office’s website in an easy to access and intelligible manner, using the example of the three compulsory licensing (CL) orders passed by the Indian Patent Office. In Part II, we synthesise some of our thoughts and suggestions on making Indian patent data more openly accessible and democratic going forward. ‘Available’? Yes….


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Others Patent

Towards More Intelligible “Open Access” at the Indian Patent Office: A Study of Compulsory Licensing Cases – I


This post has been co-authored with Prof. Shamnad Basheer.  In Part I of the post, we illustrate that a number of patent records are not accessible on the Indian Patent Office’s website in an easy to access and intelligible manner, using the example of the three compulsory licensing (CL) orders passed by the Indian Patent Office. In Part II, we synthesise some of our thoughts and suggestions on making Indian patent data more openly accessible and democratic going forward. As our readers may know, we…


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Copyright

Indian Singers Rights Association (ISRA) Gears Up for a Losing Battle against Saregama


Last year, we had written about two victories scored by the performer’s rights society – Indian Singer’s Rights Association (ISRA) before the Delhi High Court against a restaurant and lounge located in Delhi for alleged violation of its performers rights. Both judgments were delivered ex-parte i.e. the defendants never appeared before court. As Balu and I had earlier noted, the manner in which the Delhi High Court proceeded to hear the case ex-parte was not proper in law. In any…


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