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The Sky’s the limit on trademark overreach
In this post, I focus on the practice of trademarking descriptive and common terms under the umbrella of ‘secondary meaning’, and how the overreach of such protection might have adverse consequences...
View ArticleIndia contemplates WTO action over EU Trademark Law
A few years ago, a series of in-transit drug seizures led to an outcry in the developing world. We have posted about this several times here. New developments have brought this issue into light once...
View ArticleThe Miracle of Marrakesh finally to be realised!
In a momentous occasion for persons with print disabilities, June 30th 2016 saw Canada become the 20th country to ratify the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are...
View ArticleImposition of Costs in IP Disputes: US Supreme Court Provides Valuable Guidance
One of the most significant American decisions in the sphere of copyright law in recent times was delivered by Justice Breyer in 2013 in the case of Kirtsaeng versus John Wiley and Sons. As Shamnad Sir...
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Call for empanelment of facilitators- Scheme for Facilitating Start Ups...
Background Earlier this year, the Government of India had come out with an Action Plan for its flagship ‘Start-Up India’ initiative. The initiative is aimed at building “a strong ecosystem for...
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SpicyIP Weekly Review (26 June- 2 July)
This week’s highlight is Kartik’s two part piece on development of artificial intelligence and its intersection with copyright law. Despite the rather complicated topic, I thoroughly enjoyed the read....
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A takedown notice that resulted in the discovery of massive copyright fraud...
Source from here A recent lawsuit before the Madras High Court, filed through Advocate Swaroop Mamidipudi, regarding the copyright infringement of 5 Tamil movies on YouTube has led to the discovery of...
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UN Human Rights Council Adopts Landmark Resolution for promoting Access to...
(This post has been co-authored by Swaraj Barooah) http://www.naturalnews.com/cartoons/aids-titanic_600.jpg It appears that 30th June 2016 was quite a good day for access! Aside from the developments...
View ArticleBreaking: SpicyIP Gets Cited in Bombay HC John Doe Orders; Court Recognizes...
In the realm of copyright law, one of the most widely used remedies, whose laudable object of preventing wholesale infringement has been significantly offset by the chilling effect that it has had on...
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Fading into Oblivion: Lessons from a Ruthless World
A recent article, which documents the story of the true inventor of cereal, has been doing the rounds lately on social media; it debunks the better known tussle between Dr. James Caleb Jackson and Dr....
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Sex, Side Effects and a Vague Viagra Patent: IP Juris-prurience?
A friend once asked me: if you were to do a series on IP with a view to inspiring interest in this esoteric subject, what would it be? I thought long and hard and realized that if there is one subject...
View ArticlePlagiarism by Government Bodies on the Rise; 3 More Instances Come to Light
A few months ago, we had blogged about the Department of Industrial Policy and Promotion (DIPP) copying large portions of its article on the application of FRAND terms to the licensing of Standard...
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Ericsson v. Lava – Delhi HC passes interim injunction for Lava to stop...
India’s smartphone patent war rages on, and it’s latest development is Ericsson’s provisional victory over Lava. The Delhi High Court passed an interim order in the ongoing case: Telefonktiebolaget LM...
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Apple granted patent for system that can block recording
In a development that could have wide ramifications for free speech, Apple was granted a patent at the end of last month for a system that enables blocking of both still and video recording....
View ArticleSpicyIP Weekly Review: July 4th – 10th
SpicyIP Highlights of the Week: Our highlights of the week were two posts relating to the issuance of John Doe orders that tell very different stories. The first post was my coverage of the Bombay...
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Plain Packaging and Investor-State Disputes: Uruguay wins monumental victory...
On the 8th of July, Uruguay won (links to: the award, and a summary of the case) a hard-fought battle in the Investor-State Dispute Settlement (ISDS) proceeding brought by Philip Morris before the...
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Pretty Sexy Movies and Copyright Law: IP Juris-prurience (2)
Late last week, we unleashed a new series titled “IP Juris-prurience” (or to put it more bluntly, “Sex and IP”!) Our first post revolved the famous Viagra Patent Case, where I highlighted the...
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Trademarking Tragedies: Of Brexit Beer and the Nirbhaya Bus
We bring to you an insightful guest post by Harshavardhan Ganesan where he examines the growing trend and relationship between trademark applications and tragedies. Harshavardhan Ganesan is currently...
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Teva v. Merck – I: Interrogating Interim Injunctions
About this time last year, we began our examination of the systemic dilution of the standards required for patent infringement plaintiffs to obtain interim injunctions (often ex parte) from Indian...
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Teva v. Merck – II: Division bench shoots down Teva, hints at patent linkage
In Part I, we went through the history of the litigation in the Delhi High Court between Teva and Merck over the former’s alleged infringement of the latter’s Sitagliptin patent (IN209816). In an order...
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