ATRIP Winning Essay 2023: Whither Global South’s Copyright Scholars: Lost in the “Citation Game”?

/ By / Others

Image from here *A slightly long post discussing the key ideas of the essay.* A few months ago, I wrote a detailed post discussing the history of IP teaching in India highlighting that the same gained traction after the 2000s. There I asked, “[w]hether this delay has potentially trapped us in an epistemological framework given a canonical body of work that has already developed during or before our entry into IP teaching and research.” Peter Drahos’ words also resonate here […]

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

/ By / Trademark

On May 2, the Delhi High Court restrained Vans Inc. from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. Discussing what this observation could mean for trademark proprietors in future litigations, we are

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DHC Imposes INR 217 Crores as Damages in a Patent Dispute, Mostly Relying on Estimates

/ By / Patent

The May 16 judgement of the Delhi High Court in Communication Components Antenna v. Mobi Antenna Technologies got every litigant’s antennas up for its imposition of damages of INR 217 Crores on the defendant! In a 83 paged decision authored by Justice Jyoti Singh, the judgement (hopefully) ends a 14 year old patent infringement dispute between TenXc Wireless Inc. (whose patent was later acquired by the present plaintiff- Communication Components Antenna INC) and Mobi Antenna Technologies (the defendant). The suit

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[Sponsored] Deadline Extended! Apply Now for the WIPO-NLUD-IPO Joint Masters/LL.M. at NLU Delhi

/ By / Opportunities, Sponsored

We are pleased to inform our readers that the deadlines to apply for the WIPO-NLUD-IPO joint Masters/ LL.M. programme has now been extended. The last dates to apply are June 3, 2024 10th June, 2024 (Indian Nationals) and 28th June, 2024 (Foreign Nationals). For more detail please read the announcement below: Deadline Extended! Apply Now for the WIPO-NLUD-IPO Joint Masters/LL.M. at NLU Delhi The National Law University Delhi is accepting online applications for admission to the Masters of Arts in

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SpicyIP Weekly Review (May 20-May 26)

/ By / Copyright, Patent, Trademark, Traditional Knowledge

Here is our recap of last week’s top IP developments including summaries of posts on the WIPO’s latest Treaty on IP, Genetic Resources and Associated Traditional Knowledge, agreements between EShodhSindhu and different publishers, Calcutta High Court’s decision in the Vodafone v. Saregama case, Delhi High Court’s decision in the Jackie Shroff personality rights case. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of

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Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK

/ By / Traditional Knowledge

Right on the heels of Praharsh’s post on the disclosure requirement in the new WIPO Treaty on IP, genetic resources and associated traditional knowledge, we are pleased to bring to you this guest post by Mr. R. S Praveen Raj highlighting the implications of this treaty on databases like the Traditional Knowledge Digital Library (TKDL) and emphasising on the need for a legislation for protection of traditional knowledge outside the IP framework. Mr. Praveen Raj is a scientist and technology

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Finally, WIPO Adopts a Treaty on IP, Genetic Resources and Associated TK! But at What Cost?

/ By / Patent, Traditional Knowledge

25 years since Colombia first brought the issue of protection of IP rights of indigenous communities, and 14 years since the Text based negotiations on the agreement commenced, WIPO finally adopted a Treaty on IP, Genetic Resources (GR) and Associated Traditional Knowledge (TK) on May 24, 2024. Adopted in the recently concluded Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge, 2024, the Treaty is the fruit of the WIPO’s special body’s (Intergovernmental Committee on IP and Genetic Resources, Traditional

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Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

/ By / Copyright

On the recent Calcutta High Court’s decision (Vodafone v. Saregama) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous

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A Decade after the DU Photocopy Case, Publishers get their Pound of Royalties from Indian Taxpayers

/ By / Copyright

On the licensing agreement between publishing houses- Oxford University Press and Taylor & Francis and the government run digital consortium E-ShodhSindhu, we are pleased to bring to you this guest post by Prashant Reddy T., explaining how this agreement may technically give the publishing houses what they wanted through the decade old DU photocopy case. Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here). He is also the co-author of two books-

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After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood

/ By / Trademark

Recently on May 15, the Delhi High Court granted partial relief to Hindi film actor Jackie Shroff in a case alleging infringement of his personality rights and trademark “Bhidu”. Interestingly, this case comes only a few months after the Delhi High Court’s order concerning personality rights of another Hindi film actor- Anil Kapoor, where the Court read his personality rights from the lens of right to livelihood. Comparing the approaches of the Courts vis a vis personality rights and the

After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood Read More »

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