Madras HC on Basmati row
I posted on the above mentioned topic here. After perusing the concerned Orders passed by the High Court, I have now decided to pen down my views. The Orders are available here and here. Please read...
View ArticleTidbit: Delhi HC on appointment of Chairman of Copyright Board
Delhi HC, vide a recent Order dated 11 February 2016, directed the Secretary, Department of Higher Education, MoHRD, to “ensure that the Chairman of the Copyright Board is appointed within a period of...
View ArticleSpicy IP Fellowship 2016: Foul is Fair: The Applicability of the Fair- Use...
In this post, Divya Mirlay analyses whether the ‘fair use defence’ can be used in the context of GIFs through a comparison of US and Indian case law on fair use. This is Divya’s first submission for...
View ArticleDIPP invites comments on SEPs and their availability on FRAND terms
The Department of Industrial Policy & Promotion (DIPP) has published a paper on “Standard Essential Patents, and their availability on FRAND terms”. The paper can be accessed here. The last date...
View ArticlePro-Patent vs Anti-Patent: Busting a Baneful Box!
An earlier post of mine got the goat of one of our readers, who unleashed a rather caustic comment (in the comments section of the blog) as below: “I wonder what this is all about? When there are...
View ArticlePatent Purdah: Sovaldi (Sofosbuvir) Hearings Not Just “Secret”, But...
Since my earlier post on the secret Sovaldi hearings, I’m given to understand that the patent office also insisted on the “separateness” of these hearings. So much so that it did not even permit...
View ArticleSpicy IP Fellowship 2016: Goodwill Hunting- The Delhi High Court upholds...
Last week we brought you Rahul Bajaj’s post on MAC Personal Care Private Limited & Anr. v Laverana GmbH and Co. Kg & Anr. on trans-border reputation in a passing off claim. This week we have a...
View ArticleSpicyIP Weekly Review(28th February to 5th March)
SPICYIP Highlight of the Week! Our SpicyIP Highlight of the Week was definitely Shamnad’s sir’s post, where he expressed his disappointment at the patent office’s reprehensible efforts at deterring...
View ArticleSpicy IP Fellowship 2016-17: The Government’s Price Control Order on GM...
In this post, Rahul Bajaj, our Spicy IP Fellowship applicant analyses the recent order passed by the Ministry of Agriculture to regulate not only the maximum sale price of cotton seeds but also the...
View Article(Re)Booting the Bar: Barbs, Bribes and a Bar Exam
The key gateway to the legal profession today is through the “Bar Exam” (after completion of one’s degree in law). Similarly, the key gateway to the patent profession (at least of the “prosecution”...
View ArticleSpicy IP Fellowship 2016-17: Examining Risk Construction and Public...
In this post Job Mathew examines the debate surrounding Genetically Modified crops in India. This is Job’s first submission for the fellowship. The debate surrounding Genetically Modified crops has...
View ArticleSpicy IP Fellowship 2016-17: Devagiri Farms v. Sanjay Kapur
In this post Rahul Bajaj analyses the recent decision of the Delhi High Court in Devagiri Farms vs. Sanjay Kapur in relation to “trade dress” infringement. This is Rahul’s fourth submission for the...
View ArticleSpicy IP Fellowship 2016-17: Melancholy Melons-A Comment on the EPO’s...
In this post Divya Mirlay,examines the European Patent Office’s (“EPO“) recent revocation of a patent on virus resistant melons. This is Divya’s second submission for the fellowship. Opponents of...
View ArticleWelcoming our First SpicyIP Fellow this Year: Rahul Bajaj
In an earlier post, I noted that we intend to bring the zing back to SpicyIP this year. Our new round of fellowships are in furtherance of that avowed end. I’m extremely pleased to welcome the...
View ArticleMonsanto case: IP and Competition Law dimensions
My friend Prashant has recently written an excellent post in IPKat titled ‘A Monsanto case that could alter the dynamics of technology transfer to India’. The post is a good read. I have decided to...
View ArticleSpicy IP Fellowship 2016-17: Rejoinder to Ritvik’s post on Mac Personal Care...
Over the last couple of weeks we brought you Rahul Bajaj and Ritvik’s analysis of the decision in Mac Personal Care Pvt. Ltd. and Anr. versus Laverana GMBH and Co. KG and Anr. Ritvik had argued here...
View ArticleHouzz versus Houzify- A Case of Execution Without Trial?
In this post Rahul Bajaj, our first SpicyIP Fellow for this year analyses the recent tussle between Houzz and Houzify over use of their trademarks. Barely a month after Facebook decided to pull the...
View ArticleSpicyIP Weekly Review (7th to 12th March)
Our Highlight of the Week is Matthews’ post on the Monsanto case, playing devil’s advocate to Prashant Reddy’s post on the same issue over at IPKat. He first comments on how the Essential Commodities...
View ArticleDelhi HC clarifies the scope of “person aggrieved” under Section 47 of the...
In the present case, a writ petition had been filed by Adidas before the Delhi High Court, challenging the ex-parte order issued by the Intellectual Property Appellate Board’s (IPAB) dismissing the...
View ArticleTMR Delhi: Notice on mediation/conciliation for pending...
“The notion that ordinary people want black-robed judges and well dressed lawyers and fine courtrooms as settings to resolve their disputes is not correct. People with problems, like people with pains,...
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