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SpicyIP Weekly Review (September 10-16)
Thematic Highlight In his guest post, Adarsh Ramanujan argued that there is a hidden indictment of the Aadhar Act in the Justice Sri Krishna Committee Report and its proposal for the Personal Data...
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Mahindra Embroiled in Another “Fiat”-sco!
A long-standing rivalry between Mahindra and Mahindra and Fiat Chrysler Automobiles took a new turn on 11th September 2018, when the US International Trade Commission (“USITC”) [the US federal agency...
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McCarthyism in Indian IP
Scared you, didn’t I? With the title I mean. Triggering memories of an evil epoch in US history where fear reigned supreme. Where friends told on friends, to appease a blood thirsty committee trying...
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Problems with the Indian Plant Varieties Regime (IV): Obliterating the...
We’re pleased to bring to you yet another insightful post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. This post is Part III of...
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SpicyIP Fortnightly Review (September 17-30)
I had written a post on the latest Mahindra-Fiat dispute. The US International Trade Commission has instituted an investigation under Section 337 of the Tariff Act against Mahindra on the basis of...
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Madras HC in Miss Kajal Aggarwal v. The Managing Director, M/s V.V. D & Sons...
This appeal on the Original Side (Original Side Appeal No.269 of 2017), was filed under Order XXXVI Rule 1 of the O.S. Rules read with Clause 15 of the Letters Patent against the judgment and...
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SpicyIP Interview Series – Carl Malamud on Gandhi, Satyagraha and Open Access...
Carl Malamud speaking at the UC Berkeley iSchool about “(Re-)defining the public domain”, October 17, 2007. Via Wikipedia On the occasion of Mahatma Gandhi’s 149th birth anniversary, we at SpicyIP...
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Skechers USA v. Pure Play Sports – Implications of Actual Costs and Taxation...
We’re pleased to bring to you a guest post by Abhimanyu Chopra. Abhimanyu is a Senior Associate at AZB & Partners. He has obtained his B.A. LL.B. (Hons.) degree from Amity Law School, New Delhi and...
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SC on Passing Off and Delays
In a recent decision, Wockhardt Limited vs. Torrent Pharmaceuticals Ltd., a 2-Judge Bench of the Supreme Court clarified certain important principles of passing off of trademarks and delays and...
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SpicyIP Weekly Review (October 1-7)
This week on SpicyIP… Mathews wrote a post on the recent Madras HC decision in Kajal Aggarwal v. VVD & Sons. The court held that a producer can exploit a cinematograph film for the statutorily...
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Daylight Robbery: How Twitter Owns Everything You Upload
Every time I agree to terms and conditions or software licensing agreements without reading them, I spend a brief moment feeling guilty. As if I had just betrayed the profession that I am about to...
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The Ministry of Health Is Yet to Communicate with J&J on the ASR Hip Implant...
For the last few months, the Indian media has been doggedly tracking the J&J hip implant scandal. To briefly recap the main facts, the company sold its new ASR hip implants to around 4,700 patients...
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SpicyIP Events: 4th IPScholars Asia Works-in-Progress Conference [January...
We’re pleased to announce that The Advanced Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University will be holding the 4th edition of its...
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On How the Stairway to Heaven Dispute Dealt with Proof of Access and the...
Last week’s decision of the US Ninth Circuit Court of Appeals to remand for a new trial in the famous Skidmore-Led Zeppelin dispute created quite a controversy. The litigation revolves around the...
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Delhi High Court Once Again Tackles the Issue of IP in Customer Lists –...
An issue which keeps popping up in Indian litigation is whether it is possible for employers to restrain former employees from using customer lists after leaving employment. These legal actions are...
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SpicyIP Weekly Review (October 8-14)
Thematic Highlight Rishabh wrote a post on Twitter’s Terms of Service. In his post, he states that agreeing to the licensing clause in the Terms gives Twitter the license to use the uploaded...
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The Ethics of Early Access to Experimental Drugs Like Bedaquiline That Have...
Image from presentation of Dr. Mukhopadhyay Following my criticism of an opinion piece in the Hindu by R. Prasad for his recommendation to ramp up access to bedaquiline without tackling the ethical...
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SpicyIP Events: INTA’s 2018 Middle East and Africa Conference: Innovation,...
We’re pleased to announce that INTA will be hosting the 2018 Middle East and Africa Conference: Innovation, Investment, and IP on December 10-11, 2018 in Dubai. There’s an early bird discount being...
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Copyright Infringement Suits Invoking Right to Receive Royalty: Square Peg in...
We’re pleased to bring to you a guest post by Abhilasha Nautiyal and Aditya Gupta on the recent order of the Calcutta High Court wherein it directed Vodafone to deposit 2.5 crores in a copyright...
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SpicyIP Weekly Review (October 15-21)
Thematic Highlight Continuing his hard-nosed commentary on the access to bedaquiline in India, Prashant wrote a post on the ethics of early access to the drug. Responding to R. Prasad, who argued that...
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