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SpicyIP Weekly Review (February 25 – March 3)

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In case you missed out on this week’s post at SpicyIP, have no worries, here’s a roundup of the last weeks highlights.

Our topical highlight of the week is my post on the Madras HC’s fairly straightforward decision examining film title protection in the context of copyright law. The judgement also deals with the important issue of the scope of protection offered by so-called ‘title registration schemes’ run by film associations, and whether they are effective at all. I recommend that the system for title protection be improved and regulated more efficiently in the industry.

The thematic highlight for the week is Prof. Basheer’s post on the Bandicoot robot designed by Genrobotics, set to be launched in Kerala to achieve the task of cleaning of sewars, in a bid to end the discriminatory of manual scavenging. Prof. Basheer uses the development to highlight the need for incentivizing such socially beneficial inventions outside of the traditional IP protection framework.

We also had a post by Prashant in response to some of the outrage generated by his earlier post on the recent repeal of the Copyright Amendment Acts of 1999 and 2012.

In other news, Pankhuri announced that the call for SpicyIP fellows and Research Fellows has been extended! You can now apply until March 15, 2018. It’s a wonderful and enriching experience, and you can read the experiences of last year’s fellows here.

SpicyIP Events: K&S Partners, in collaboration with International Trademark Association (INTA), is organizing a roundtable on ‘Trademark Enforcement – Challenges & Opportunities’ on March 16, 2018 in Mumbai.

Other developments

India  

Judgements

E.I. Du Pont De Nemours and Company & Anr. v. P. Srinivasa Rao & Ors.  — Delhi High Court [February 21, 2018]

Suit was filed for permanent injunction and related reliefs against the infringement and passing off of the plaintiff’s mark CORAGEN and DUPONT and the copyright thereof as artistic work of the packaging. The Court found, based on evidence, that the plaintiffs were the prior users of the mark. Relying on the case Satya Infrastructure Ltd. & Ors. Vs. Satya Infra & Estates Pvt. Ltd. [2013 SCC OnLine Del 508], the court held in favour of the plaintiff.

News

  1. Statutory Licensing matters update: Delhi High Court sets aside Copyright Office order and public notice, asks Kuku & Koyal Internet Pvt. Ltd to approach the Appellate Board
  2. Two years on, IPAB Chennai Bench resumes hearing
  3. Who May Swim in the Ocean of Knowledge?
  4. MSMEs, startups get a fillip
    International

  5. Study: TRIPS Flexibilities Widely Used By Countries, Contrary To Reports
  6. Putting Humans at the Center of Health Care Innovation

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