Others

SpicyIP Weekly Review (25th February-3rd March)


Divij broke the news about Spotify’s launch in India. In his post, he covers the legal battle between Spotify and Warner Chappel Music Ltd. before the Bombay HC. He also analyses the applicability of Section 31D of the Copyright Act to the facts of the case. He further questions Spotify’s decision to opt for statutory licensing in light of the principles laid down in IPRS v. Aditya Pandey decision. Pankhuri notified us about a conference on “A 3-D Perspective on…


Read More »
Others

Reminder : UPenn Law School & IDIA Conference on ‘A 3-D Perspective on Indian IP : Distinct, Diverse and Democratic?’ [March 5, New Delhi]; Registration Closes Tomorrow


A reminder to our readers about the upcoming UPenn Law School & IDIA Conference on ‘A 3-D Perspective on Indian Intellectual Property: Distinct, Diverse and Democratic?’ which we had posted about earlier here. Those interested in attending the conference, please note that registration closes tomorrow, March 2. The conference will be held on March 5 at the Indian Law Institute, New Delhi. The valedictory address will be delivered by Justice Ravindra Bhat (Delhi High Court). Also, the proceeds from conference will…


Read More »
Copyright

Breaking: The Background Music to Spotify’s India Launch is a Crucial Legal Battle on Music Copyright


It’s the one we’ve all been waiting for. Spotify, the Swedish music-streaming service, finally launched in India after months of speculation as to when and how the service would reach Indian consumers. Yet, an as yet unknown number of works in Spotify’s catalogue are in a precarious position, and could at any moment be pulled from the service. While we enjoy tunes from the world’s largest online streaming service, the background music to the launch is an intense legal battle…


Read More »
Events

SpicyIP Events: UPenn Law School & IDIA Conference on ‘A 3-D Perspective on Indian Intellectual Property: Distinct, Diverse and Democratic?’ [March 5; New Delhi]


We’re pleased to announce that University of Pennsylvania Law School and IDIA are organising an IP conference ‘A 3-D Perspective on Indian Intellectual Property: Distinct, Diverse and Democratic?’ on March 5, 2019. The conference will be hosted by the Indian Law Institute, New Delhi. It has a stellar cast of speakers drawn from the IP profession, industry, civil society, academia and government. Mr. Rajiv Aggarwal (Joint Secretary, DIPP) will deliver the opening address. And Justice Aftab Alam (who delivered the…


Read More »
Others

SpicyIP Weekly Review (18th February-24th February)


Eashan Ghosh wrote a guest post on a recent decision of the Calcutta High Court in a GI and Certification TM infringement case filed by the Tea Board of India against ITC for use of ‘Darjeeling’ as part of the name of a refreshment lounge called the Darjeeling Lounge in one of its hotels. In his analysis of the decision, he focussed upon the interpretation of the Court with regard to limitation under Section 26(4) and passing off under Section…


Read More »
Geographical Indication Trademark

Certification Trade Marks and GI versus ‘Regular’ Trade Marks: The Calcutta High Court Ruling in Tea Board v. ITC


We’re pleased to bring to you a guest post by Eashan Ghosh on the recent decision of the Calcutta High Court in the GI and Certification TM infringement case filed by the Tea Board of India against ITC for use of ‘Darjeeling’ as part of the name of a refreshment lounge (‘Darjeeling Lounge’) in one of its hotels. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual…


Read More »
Patent

Breaking News: Madras HC Upholds Kibow’s Probiotic Patent on Renadyl


In a significant development for Indian patent law, the Madras High Court dismissed a writ petition challenging an IPAB order that effectively upheld a probiotic patent. This is one of the rare Indian cases, where a patent has been upheld by the IPAB and that order has effectively been validated by a High Court. Very well-reasoned, this decision by Justices R. Subbiah and C. Saravanan has important propositions for both patent law and administrative law. But first some background. As we’d…


Read More »
Others

Observations About the First IP & Innovation Researchers of Asia Conference


We’re pleased to bring to you a guest post by Sumit Sonkar, a Ph.D. candidate in Law at the Chinese University of Hong Kong, on his observations on the First IP & Innovation Researchers of Asia Conference, recently held in Kuala Lumpur, Malaysia. Observations About the First IP & Innovation Researchers of Asia Conference Sumit Sonkar On January 31 and February 1, 2019, the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM) hosted the first IP & Innovation Researchers of…


Read More »
Others

SpicyIP Weekly Review (Feb 11-17)


Thematic Highlight I wrote a post on the extent of TRAI’s regulatory powers. The Supreme Court, in TRAI v DIPP, held that TRAI’s regulatory powers include the power to prohibit. Further, it held that a TRAI’s regulation are in public interest, and therefore, will remain valid even if they impinge upon rights under the Copyright Act, which only protects authors. I argue that the court’s findings on the purpose of the Copyright Act may be inaccurate in light of recent…


Read More »
Copyright

Update: European Union Agrees on Copyright Directive Text, ‘Upload Filters’ and ‘Link Tax’ Closer to Becoming Internet Norms


In a major development in the European Union with repercussions for the internet at large, the European Parliament, the Council of the EU and the European Commission on February 13, 2019, agreed upon the final text of the new EU Copyright Directive. While the text of the new rules has not yet been released, and they are yet to be officially confirmed by the parliament and council, a press release by the European Commission stated that a political agreement was…


Read More »