Others

Call for Papers: First IP & Innovation Researchers of Asia Conference [Kuala Lumpur, Jan 31-Feb 1, 2019]; Submit by Oct 15, 2018


We are pleased to inform our readers that the First IP & Innovation Researchers of Asia Conference will be held on January 31 &  February 1, 2019 at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, in Kuala Lumpur Malaysia. The Conference is being organized by the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia in collaboration with the WIPO Academy, World Intellectual Property Organization, Texas A&M University School of Law, and the Faculty of Law of the University of Geneva. The deadline for submission of abstracts is October 15, 2018….


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Drug Regulation

A Reply to Anand Grover on the Bedaquiline Issue


In a piece published on June 13, 2018 on the Wire, Anand Grover takes issue with several pieces that I have written regarding the approval of bedaquiline, a new drug meant to treat a certain type of multi drug resistant tuberculosis (MDR). Surprisingly, he doesn’t refer to my 6th piece on the issue, published on Newslaundry, where I discuss the law on clinical trials. While I’m glad that we are debating this issue, I disagree with Grover on multiple issues….


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Others

SpicyIP Fortnightly Review (June 3-17)


Thematic Highlight This fortnight’s thematic highlight was Pankhuri’s update on the Patent Working PIL matter at the Delhi HC. The Delhi HC had disposed of the matter on April 23, 2018. The Court directed the Government to complete all the steps towards effecting necessary amendments in the patent working provisions, strictly within the timelines proposed by it. Pankhuri highlighted how the stakeholder consultation process has already been undertaken by the government. She hopes that the Government comes up with a…


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Patent

Patent Working PIL (Update): Court Directs Govt. to Complete Amendment Exercise of Patent Working Rules/Form 27 within Proposed Timelines 


It’s been a while since we updated you on the patent working PIL matter  at the Delhi High Court. On 23rd April, 2018, the Delhi High Court disposed of the matter, directing the Government to complete all steps towards effecting necessary amendments in the patent working provisions, strictly within the timelines proposed by it. It has also asked the Government to place a report before it upon completion of this exercise. As our readers may recall, the Court, in an…


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Others

The ITAT Bengaluru Order in the Google AdWords Royalty Tax Case – Part II


In Part I of this two-part guest post on the Google Adwords royalty tax case, Adarsh had explained the critical facts/evidence recorded in the case along with the critical findings of fact made by ITAT from such evidence. In Part II of the post below, he discusses the Tribunal’s findings on the legal issues and critically analyses them. The ITAT Bengaluru Order in the Google AdWords Royalty Tax Case – Part II Adarsh Ramanujan Application of the Law to the…


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Others

The ITAT Bengaluru Order in the Google AdWords Royalty Tax Case – Part I


We are pleased to bring to you a two-part guest post by Adarsh Ramanujan. Adarsh is an advocate primarily assisting clients as a litigation attorney. He has recently started his own counsel practice with offices in Delhi and Chennai after having spent considerable time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. He is a…


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Others

SpicyIP Fortnightly Review (May 20-June 2)


Thematic Highlight This fortnight’s thematic highlights were brought by Adarsh Ramanujan and our fellowship applicant, Kashish Makkar, respectively: Adarsh Ramanujan wrote an interesting guest post, throwing some much needed light on the element of “public interest” during the grant of injunctions in patent proceedings. He deconstructs the “public interest element” – taking us through the way various aspects of it are understood by both Indian and foreign courts. He concludes by suggesting ways in which parties should approach the “public…


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Copyright

SpicyIP Fellowship 2018-19: The Delhi University Photocopy Case: Is Law Just Politics?


We are pleased to bring to you another guest post by our Fellowship applicant, Kashish Makkar. Kashish is a 2nd year student at NLSIU, Bangalore. This is his second submission for the Fellowship. The first submission can be viewed here. The Delhi University Photocopy Case: Is Law Just Politics? Kashish Makkar Critical Legal Studies (CLS), a jurisprudential movement that started in the late 1970s advocated that law and politics cannot be separated. They were convinced that law is a game…


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Patent

SpicyIP Fellowship 2018-19: Utility or Futility: When Should a Patent Be Revoked on the Ground of Inutility?


We’re glad to bring to you another guest post by our Fellowship applicant, Rishabh Mohnot. Rishabh is a 3rd year student at National University of Juridical Sciences (NUJS), Kolkata. This is his second submission for the Fellowship. The first submission can be viewed here. Rishabh had also written a post for us last year during his internship. Utility or Futility: When Should a Patent Be Revoked on the Ground of Inutility? Rishabh Mohnot Under the Patents Act, 1970, Section 64(1) provides a…


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Copyright

SpicyIP Fellowship 2018-19: Google Images’ ‘View Image’ Button and Copyright Infringement


We’re happy to bring you another guest post by our Fellowship applicant Prarthana Patnaik. Prarthana is a 4th year student at National Law University, Odisha. This is her third submission for the Fellowship. The previous submissions can be viewed here and here. Google Images’ ‘View Image’ Button and Copyright Infringement Prarthana Patnaik Google’s Image Search service allows users to view thumbnail images (low-resolution reproduction of images available on other websites) in response to the specific search query entered by the…


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