Opportunities Publication

Call for Papers: NLSIU’s Indian Journal of Law and Technology (IJLT) Vol. 17 [Submit by Oct 31]

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We are pleased to inform our readers that NLSIU Bangalore’s Indian Journal of Law and Technology (IJLT) is inviting original and unpublished manuscripts for publication in Volume 17. For further details, please see the call for papers below: Call for Papers: NLSIU’s Indian Journal of Law & Technology Vol. 17: Submit by October 31, 2020 The Indian Journal of Law & Technology (IJLT) is now accepting submissions for Volume 17. Please send in your submissions before October 31, 2020 in…


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Patent

IPAB’s Ferid Allani Order and the Changed Indian Patent Landscape for Software Patents

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We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, analysing the recent IPAB order that set aside the Patent Office’s order rejecting a patent application for a computer related invention (titled ‘method and device for accessing information sources and services of the web’) after re-examining it pursuant to the direction issued by the Delhi High Court last year.   Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus…


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Copyright Patent Trademark

DIPP Appoints ‘Technical Members’ to IPAB – Legality under Doubt

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Last night, Anushree Rauta of the IPRMENTLAW blog, made public an order of the Appointment Committee of the Cabinet (ACC) clearing the decks for the appointment of five technical members to the Intellectual Property Appellate Board (IPAB). The order is dated July 21, 2020. Of the five members, Joint Controller B.P. Singh has been appointed as Technical Member for Patents; Advocates Lakshmidevi Somanath and Vijaykumar have been selected for the posts of Technical Members for Trademarks and Advocates N. Surya…


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Patent

Revocation of Novartis’ Ceritinib Patent Stayed: Unraveling the IPAB Order

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The IPAB has recently stayed the revocation of Novartis’ patent over the anti-cancer drug Ceritinib. An examination of the revocation order reveals an unfortunate oversight in examining issues relating to genus-and-species patents, as well as several procedural lapses. IPAB’s stay order brings to light important doctrinal questions that the revocation left unanswered. This post attempts to deconstruct the maze of confusing orders surrounding the Ceritinib patent revocation. Background Ceritinib is a prescription drug used for treatment of non-small lung cancer,…


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Copyright Patent Trademark

Breaking News: Controller General’s Office Agrees with Our Petition for Scrapping the Intellectual Property Appellate Board

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A few months ago, in May, I had sent a petition to the Ministry of Commerce, along with Rahul Bajaj, asking it to consider shutting down the Intellectual Property Appellate Board (IPAB). We had argued that not only was the IPAB non-functional for a long time but it was also poorly designed, especially with regard to the post of the ‘technical member’. Rather than continuing with this broken model, we recommended that the existing functions of the IPAB be shifted…


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Design

The Dilemma of Graphical User Interfaces: A Need to Rethink Design Protection?

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In the previous post I had covered a specific element of the issues touched upon by the similarities in the interface of JioMeet and Zoom, that of possibility of a non-literal copying. While Zoom’s Graphical User Interface (‘GUI’) is not a registered design, the incident also rekindles the debate on the Indian position on GUI protection under its design laws. In this post, I seek to analyse the Designs Act, 2000, to argue that GUIs should be protected under the…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (August 3 – 9)

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Topical Highlight Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet In this post, Arun examines the Madras High Court’s recent order injuncting Patanjali from using the trademark ‘Coronil’ and appreciates its lucid interpretation of Section 29(4) of the Trade Marks Act. The plaintiff argued that defendant’s use of the mark would dilute its reputation due to the perceived inefficacy of the product and the accompanying negative press. The Court held that…


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Copyright

Shenzen Tencent v. Shanghai Yinxun: AI Authors, Copyright and Some (Hard) Lessons for India

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We’re pleased to bring to you a guest post by Bhavik Shukla and Hatim Hussain, discussing authorship in AI-related works under the Indian copyright law, with specific reference to the judgment in Shenzen Tencent v. Shanghai Yinxun Shenzen passed by a Chinese court in December last year. Bhavik is a recent graduate from NLIU, Bhopal and is currently working with the IP team at Khaitan & Co. Bhavik’s previous posts on the blog can be viewed here, here, here, here, here and here. Hatim is a…


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COVID-19 Trademark

Fluid Trademarks: An Alter Ego for Brands?

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We’re pleased to bring to you a guest post by Devangini Rai discussing the application of Indian trademark law to fluid trademarks, which are popularly being used in the context of the ongoing Covid-19 pandemic. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Her previous guest post on the blog can be viewed here. Fluid Trademarks: An Alter Ego for Brands? Devangini Rai As has typically been…


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Opportunities Publication

Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA) Vol. 1 Issue 1 [Submit by Oct 25]

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We’re happy to inform you that CNLU’s Centre for Innovation Research and Facilitation (CIRF) in Intellectual Property for Humanity and Development (IPHD) is inviting papers for publication in Volume 1 Issue 1 of its e-journal Journal of Academic Innovation & Research in Intellectual Property Assets (JAIRIPA). The deadline for submission is October 25, 2020.  For further details, please see the announcement below:     Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA)…


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