Singers and music labels face-off over “feudal contracts”
The ToI and Mumbai Mirror have carried this interesting story on an ongoing war between Indian Singers Rights Association (ISRA) and music labels with an increasing number of singers refusing to sign...
View ArticleGuest Post: Honesty in Disparagement – Colgate v. HUL
Spadika brings us her third entry to the SpicyIP Fellowship applicant series in this interesting post where she examines the recent Colgate v. HUL decision on comparative advertisements. You can view...
View ArticleBoehringer Ingelheim v. Premchand Godha: Passing-off of Pharmaceutical Products
An action for passing-off was brought by the plaintiff in respect of a pharmaceutical trade mark which was yet to be used by it in India. The principal question was whether the plaintiff’s unregistered...
View Article2013: Controller’s decisions at the IPO
2013, like the preceding years, reflects the major developments made at our patent office. 2013 saw the initiation of publishing and inviting comments on various issues like those on computer related...
View ArticleSearching for FRAND in FRAND valuations – Part 3 / 3
Continuing from my previous posts (part 1, part 2) this post analyses various aspects of a F/RAND scheme and suggests certain aspects that could be incorporated into a F/RAND licensing framework. As...
View ArticleBreaking News: GI Registry allows Six Oppositions of Madhya Pradesh against...
In a recent decision passed issued December 31, 2013, the Geographical Indications Registry has allowed six oppositions by Madhya Pradesh-based parties, namely Madhya Kshetra Basmati Growers...
View ArticleSection 8, Patents Act and the requirement of willfulness
In a momentous decision with significant ramifications for patent prosecution in India, the Delhi High Court has effectively read in “willfulness” into Section 8. Early last month, the Delhi High Court...
View ArticleGuest Post: Gamers Beware!
We bring you a guest post from Shashank Singh, a 2nd year student from NUJS. In this post, he looks at Youtube’s new “Content ID” mechanism of checking videos for copyright infringement. This is...
View ArticleGuest Post: Monopolizing generic terms?
Sadhvi Sood, a 3rd year student of NUJS, brings us her first entry to our SpicyIP Fellowship applicant series. Sadhvi’s post notes a recent Madras High Court decision which denies the term “Aachi”...
View ArticleEvent: CPhl’s Pharma IPR, 2014
CPhI’s 3rd Annual Pharma IPR 2014, is a very targeted conference focusing on patent related matters for Pharma and Biopharma Industry across the globe. It is an ideal learning and networking platform...
View ArticleInterpreting S. 28 of the Trademark Act: Delhi High Court
The normal rule in trademark law is that once a person registers a trademark for particular goods, he has the exclusive right to use that trademark in relation to those goods. As with most rules there...
View ArticleMisinformation campaign over Kibow litigation continues
A few months ago we had carried this post pointing out how several newspapers had misreported the status of the patent litigation between Kibow and a Gujarati company by the name of La Renon Health...
View ArticleA look back, as we step into 2014
As we wish our readers a warm and fulfilling year ahead, we’d like to take this opportunity to glance back at the year that was. From the Novartis decision to the Marrakesh Treaty, from our new website...
View ArticleGuest Post: When Man becomes a Brand
In this guest post, Deepshikha Malhotra, a 2nd year student from Faculty of Law, University of Delhi, raises some questions of what happens when a person becomes a ‘brand name’. This is Deepshikha’s...
View ArticleGuest Post: “Adaptation” of movies
Shashank Singh brings us his second submission for our Fellowship series. In this guest post, he looks at a topic we’ve often discussed on this blog in the past – The Hollywood to Bollywood script...
View ArticleGuest Post: Is Nestlé Seeking a Patent over an Indian Home Remedy?
In this guest post, Sadhvi Sood discusses reports of Nestle’s patent application for Fennel Flower (Kala Jeera) vis-a-vis the concept of traditional knowledge. This is Sadhvi’s second submission to our...
View ArticleA Matter of the Heart
In an interesting case, a “heart” is quite literally at the “heart” of a trademark dispute. Most recently, fashion house, Gap Inc. and fashion design company, Diane von Furstenberg (DVF) Studio, have...
View ArticleResurrecting the 6 year Rule in Indian Patent Law?
The Delhi High Court recently passed an ex parte injunction order in 3M Innovative Properties Company v Venus Safety and Health Pvt Ltd (December 2013). This post looks into three aspects of the...
View ArticleIPAB interrupts Patent Prosecution for Lack of Proof of Right
The applicants in this case challenged the rejection of their patent application. One of the objections was “proof of the right should be filed”. The applicant however failed to produce any proof of...
View ArticleGuest Post: Delhi HC simplifies a complex Asana
Sadhvi Sood brings us her third post in our 2nd Annual SpicyIP Fellowship applicant series. This post examines a recent Delhi High Court case wherein ‘pranic healing’, the phrase as well as techniques...
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