Representative image of Covid vaccine (from here) A couple of days ago, I wrote about the Supreme Court’s first hearing in the suo motu Covid-19 case that took place on 30th April, discussing the questions raised by the bench. The interim order resulting from this hearing is now out. The order discusses the implementation of
... Continue Reading.Category: Supreme Court
The Compilation of the Decade of SpicyIP Posts on IPAB
“In Hindsight I wish I had more Foresight” Image by Timothy Appnel, from here. CC BY-NC-ND 2.0 [Co-authored/compiled with Praharsh Gour] Earlier this week, Praharsh blogged about the IPAB finally being scrapped through an ordinance, with its powers / duties transferred to High Courts and Commercial courts (for copyright matters). Long time readers may recall
... Continue Reading.Acquittal Based On Benefit Of Doubt In Serious Crime Cannot Make Candidate Eligible For Public Employment: SC
It cannot be denied that the Apex Court has yet once again taken a firm stand in a latest, landmark, laudable and learned judgment titled “The State of Rajasthan & Ors vs Love Kush Meena” in Civil Appeal No. 3894 of 2020 in exercise of its civil appellate jurisdiction delivered just recently on March 24,
... Continue Reading.Justice Manmohan Singh Holds Hearings in the IPAB despite the Supreme Court ruling
Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement
... Continue Reading.SpicyIP Weekly Review (February 8-14)
Topical Highlight Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson Praharsh informed our readers that this week the Supreme Court dismissed the AIPPI application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was a part of a writ petition which was disposed
... Continue Reading.Breaking: Supreme Court dismisses application seeking extension of Retd. Justice Manmohan Singh, the incumbent Chairperson of the IPAB.
Hitting the (seemingly) final nail and ending the trail of extension requests, the Supreme Court via its order yesterday (12/02/2021 (pdf) ) dismissed the application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was filed by the AIPPI (aka the International Association for the Protection of Intellectual Property)
... Continue Reading.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
... Continue Reading.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
... Continue Reading.Supreme Court Interprets ‘High Court’ under Section 22(4) of the Designs Act
Recently, in a Special Leave Petition, the Supreme Court dealt with certain pertinent issues such as the separation between revocation of registration – in infringement suits and in cancellation actions and cause of action and interpretation of the term ‘High Court’ under the Designs Act, 2000. In S.D. Containers Indore v. Mold Tek Packaging, a
... Continue Reading.Executive Acting In Breach Of Judgments Would Be Invitation To Anarchy: Supreme Court
In a strong reprimand to Centre, the Supreme Court just recently on 7 December 2020 has in a latest, learned, laudable and landmark judgment titled KK Agarwal vs Sanjiv Nandan Sahai [CONMT.PET.(C) No. 429/2020 in C.A. No. 14697/2015] has led from the front in pulling up the Central Government for not appointing law member in
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