Draft Rules for Geographical Indications Published, Comments Invited by November 19

/ By / Geographical Indication

The Ministry of Commerce and Industry (MoCI) published 2023 Draft Amendments to the Geographical Indication Rules 2002, in the Gazette of India on October 20, inviting objections and suggestions from the relevant stakeholders. The draft also calls for comments from stakeholders within 30 days of its publication in the Gazette. The Department for Promotion of Industry and Internal Trade (DPIIT) and the Controller General of Patent, Designs and Trademark (CGPDTM) announced it on their website on October 27, 2023 i.e. […]

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

/ By / Others

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. On this note, we are pleased to bring to you this

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SpicyIP Weekly Review (October 16- October 22)

/ By / Copyright, Design, Patent, Trademark

[This SpicyIP Weekly Review is co-authored with SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Deadline to File Comments/

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Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy

/ By / Others

After an illustrious career spanning more than 4 decades at the bar and bench, Justice Shripathi Ravindra Bhat retired as a Judge of the Supreme Court of India on October 20, 2023. Prior to his stint as a Supreme Court Judge, Justice Bhat served as the Chief Justice of Rajasthan High Court and as a Judge at the Delhi High Court. As remarked by Justice Sanjay Kishan Kaul in his speech here, Justice Bhat penned many notable judicial pronouncements touching

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Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services

/ By / Copyright

[This post is co-authored with Swaraj and SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Can Over-The-Top (OTT) Streaming platforms be afforded the same legal protections for broadcasting as conventional mediums? After being answered in the negative by a single judge bench of the Bombay High Court in 2019, this question was once again answered in the

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Deadline to File Comments/ Suggestions on IP Manuals Extended till November 15, 2023

/ By / Copyright, Design, Geographical Indication, Patent, Trademark

A few days after the October 15th deadline to submit comments/ suggestions to the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines, the CGPDTM has extended the deadline by a month making November 15th as the new deadline to submit these comments. The relevant links to the present manuals and guidelines are given below:- For a quick background reading on some of the

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Chancery Pavilion v. Indian Performing Rights Society Ltd: Karnataka High Court’s Problematic Finding on Section 60 Suits

/ By / Copyright

This post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Her previous posts can be accessed here. Readers would recall that in the past we have written about Government notifications stressing on the menace caused by the threats of legal proceedings (see here and here). Section 60 of the Copyright Act is

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Journey Through “Septembers” on SpicyIP (2005 – Present)

/ By / Copyright, Innovation, Others, Patent, Trademark

Image from here. Continuing our Sifting Through SpicyIP Pages series, this post dives into September’s pages and sheds light on some stories, their evolution, or sometimes, their stagnation. In the past, much like intrepid time travelers, we journeyed through the months of June, July, and August, uncovering how some stories like the Mashelkar Report, the National Biotechnology Regulatory Authority (NBRA) Bill, the Whistleblower Act, or the Indian “Bayh Dole” Bill, unfolded with time. Without further ado, here’s what I found

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SpicyIP Weekly Review (October 9- October 15)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week  Looking at the DHC’s order in Jainemo Pvt. Ltd. v. Rahul Shah Through the lens of the DU Photocopy Case Recently the Delhi High Court issued an injunction against unlawful dissemination of Jainemo Pvt. Ltd. (Apna College)’s study material online. How well

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Reforming the Existing IP Legal Research Methodology- an Insight into the Intersection of Empirical and Socio-Legal Research

/ By / Others

It’s no news that there is a dearth of empirical research in the Indian IP landscape. As explained by Swaraj here, it’s a particularly perplexing situation as when one is able to find some data on a specific issue, there is no certainty that the data is accurate or that the data has come out of rigorous methodology. Exploring the idea of reforming the current IP legal research methodology, we are pleased to bring to you this guest post by

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