Others

SpicyIP Weekly Review (December 18-24)


Our topical highlight of the week has to be Pankhuri’s comprehensive analysis of the Delhi High Court’s Division Bench judgment in the DU Photocopy case. After briefly delineating the factual history of the case, she succinctly analyzes the 9 principal facets of the judgment. Thereafter, she outlines the reasons underpinning the Court’s central holding that preparation of course packs is permissible so long as the same is done for the purpose of educational instruction and discusses the ramifications of this…


Read More »
Copyright

Breaking News: Del HC Division Bench Rules in Favour of Safe Harbour for Intermediaries in MySpace-T Series Copyright Dispute


In a path breaking judgment (“Judgment”), a Division Bench of the Delhi High Court has reversed the findings arrived at earlier by a Single Judge (Justice Manmohan Singh), on the question of intermediary liability and held that that intermediaries are immune from liability against copyright infringement for third party content unless “actual knowledge” on their part can be proved. The Bench, while arriving at the decision, has ruled that S.79 of the Information Technology Act, 2000 (“IT Act”) provides a…


Read More »
Plant Variety Protection

In a Well Reasoned Judgment, Delhi High Court Strikes Down Section 24(5) of Plant Varieties Act


In a significant judgment delivered earlier this month, a Division Bench of the Delhi High Court struck down Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act (“PPVFRA”) on the ground that it gives uncanalized power to the Registrar of Plant Varieties to grant interim relief to a breeder whose application for the registration of a plant variety is under consideration. Authored by Justice Ravindra Bhat, the judgment stands out for the Court’s lucid articulation of the…


Read More »
Patent

Patent Agent Examination 2016 Paper-I Answers


The patent agent examination 2016 was held last month on November 27. The exam comprised two papers, one objective type (Paper-I) and other descriptive type (Paper-II). Mr. Muthu SenthilKumar has sent us a copy of the Paper-I wherein he has marked the correct answers and mentioned the relevant legal provisions. We have uploaded it on our website. Those interested, can view it here. Thanks to Mr. Muthu SenthilKumar for sending this to us.  


Read More »
Others

Launch of EIPIN Innovation Society Project: 15 Fully-Funded PhD Positions


We are pleased to announce that the European IP Institutes Network (EIPIN) will soon be launching the EIPIN Innovation Society project that sets up a European Joint Doctorate programme. EIPIN is recruiting 15 PhD candidates for this programme, who will be conferred a joint or double doctoral degree from two of the five participating universities at the end of the programme.  The details of the project are outlined in its press release below: “The European IP Institutes Network (EIPIN), a consortium…


Read More »
Copyright

The Power of Purpose: A Meteoric Moment for Copyright Justice


  In a decision that will go down as a landmark in the annals of global copyright jurisprudence, Justice Pradeep Nandrajog (along with Justice Yogesh Khanna) brings bold clarity to a much needed area in copyright law. Namely that when interpreting copyright defences, one has to be guided by their “purpose”. And not some fancy sophisticated four factor fair use/fair dealing test, notwithstanding that it emerged from arguably sophisticated common law courts. Pankhuri has already dealt extensively with the decision…


Read More »
Copyright Innovation Patent

Artificial Intelligence and Intellectual Property: Mind the Machine!


In a world that is revealing itself to be distinctly devoid of any natural (human) intelligence, artificial intelligence might well turn out to be less scary than we imagined it to be. Indeed, some months ago, when a student of mine asked me if I wasn’t worried about machines taking over, I quipped that I was more worried about Trump taking over. And if Trump did come to pass as President, tis’ only appropriate that machines take us over, I…


Read More »
Others

SpicyIP Weekly Review (December 11-17)


Our first thematic highlight is Ritvik’s fascinating piece dealing with the jamboree of artificial persons, robots and copyright. His primary discussion points were the following: i. Whether artificial persons (e.g. a company) have copyright related moral rights? ii. Views regarding copyright ownership over robot created works. iii. He concludes with his take on who should own the copyright over such works. Another thematic highlight of the week is Vasundhara’s lucid, yet insightful analysis of whether India’s patent regime follows a ‘first…


Read More »
Copyright

DU Photocopy Appeal Decision: Another Landmark Victory for Access to Education in India


As many of our readers may already be aware, a Division Bench of the Delhi High Court, last week, pronounced the judgment in the DU photocopy case appeal that marked a spectacular victory for access to education in India. In a 58 page judgment, rendered in less than two weeks from the start of the appeal arguments, the Bench comprising Justices Pradeep Nandrajog and Yogesh Khanna refused to grant an interim injunction to the plaintiff-publishers and emphatically ruled that making and…


Read More »
Patent

First to File or First to Invent- Which system does India really follow?


The first to file (FTF) and the first to invent (FTI) systems define who shall have the right to grant of patent. Under the FTF system, the person who files for the patent for a given invention first is eligible for the grant of patent for that invention, regardless of the date of actual invention. Under the FTI system, if more than one applicant files patent applications claiming the same subject matter, the patent office institutes proceedings in order to…


Read More »