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

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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)

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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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