SpicyIP Weekly Review (December 21 – 27)

Topical Highlight Time to More Seriously Question the Spectre of Copyright in the Realm of Education Swaraj reported that SciHub and LibGen were taken to court by Elsevier UK, Wiley India, Wiley Periodicals USA, and American Chemical Society for copyright infringement, seeking a dynamic injunction. He highlights several issues that are likely to gain attention

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Supreme Court Revisits the Tribunal Culture (yet again); Upholds the Validity of the 2020 Rules, but with Conditions.

Image from here Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court on 27/11/2020 passed a detailed judgement in Madras High Court Bar Association v. Union of India, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service

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SUPREME COURT HOLDS TRANSFER OF WINDING UP PROCEEDINGS TO NCLT CAN BE SOUGHT BY ANY CREDITOR OF THE CORPORATE DEBTOR

One of the objectives of the #Insolvency and Bankruptcy Code 2016 (‘#IBC’) is to reorganize insolvent Corporate Persons, Partnership Firms and Individuals in a time-bound manner for maximization of value of assets of such persons.   The Three-Judges Bench of the #Supreme Court of India in the case of M/S Kaledonia Jute and Fibres Pvt.

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Default Bail Granted Can Be Cancelled By High Court U/s 439(2) CrPC: SC

 In a latest, landmark and laudable judgment titled Venkatesan Balasubramaniyan vs. The Intelligence Officer, D.R.I. Bangalore in Criminal Appeal No. 801 of 2020 (arising out of SLP(Crl.) No. 1820/2019 along with two other Criminal Appeals delivered most recently on November 20, 2020, the Apex Court has clearly, categorically and convincingly held that a ‘default bail’

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SpicyIP Weekly Review (September 14 – 20)

Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11,

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A new IPAB Chairperson? Maybe, maybe not

We’re pleased to bring you a guest post by Praharsh Gour highlighting the recent Call for Applications put out for the post of the IPAB Chairperson, along with AIPPI’s application for extending the incumbent Chairperson’s tenure yet again. Praharsh is a graduate from Hidayatullah National Law University, Raipur and is presently an LL.M. candidate at

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