Searching for Situs: Delhi High Court holds IP transfer by foreign based...
A division bench (DB) of the Delhi High Court held that income accruing from the transfer of IP by a foreign based entity cannot be subject to income tax in India. DB resolved an 8-year old dispute...
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Guest Post: IPAB dismisses a patentee’s plea to surrender his patent
We are happy to bring to you a guest post by Sribindu Chivukula. She graduated in Chemistry from State University of New York, Buffalo in the year 2012. She is a registered Indian patent agent and is...
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Bombay HC pulls no punches, orders ISP to comply with John Doe
Over the last month, we’ve been tracking the Dishoom litigation in the Bombay High Court, a matter which may mark a paradigm shift in Indian copyright jurisprudence. In cases where plaintiffs approach...
View ArticleConsilience 2016 – and it’s a wrap!
As we had announced on the blog earlier, SpicyIP celebrated its tenth anniversary in May this year with Consilience 2016, conceptualised by SpicyIP and NLS’ Law and Technology Society, supported by the...
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SpicyIP Event: Workshop on SEPs: Patents and Antitrust Issues in the High –...
SpicyIP is happy to announce that the Centre for Innovation, Intellectual Property, and Competition (CIIPC) at National Law University, Delhi is organising a one-day workshop by Prof. Jay Kesan and Dr...
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Second time [un]lucky? Bombay HC denies Raymond Ltd. rights over ‘Raymond’
‘If at first you don’t succeed, try, try again’, is something Raymond Limited (‘RL’) seems to have imbibed into their litigation strategy. In 2006, RL filed a suit for infringement against Raymond...
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Where do I Carry on Business?: The Jurisdictional Conundrum post IPRS v....
In a previous post, I covered the Bombay HC’s decision on jurisdiction in copyright and trademark litigation in India. As we saw there, the crux of the discussion comprised an analysis of where a...
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Where do I Carry on Business?: The Jurisdictional Conundrum post IPRS v....
Delhi High Court’s Interpretation of Dalia In Ultrahome Constructions v. Purushottam Kumar Chaubey, a Division Bench of the Delhi HC had an opportunity to interpret IPRS v. Sanjay Dalia. The Plaintiff...
View ArticleDelhi High Court: Plaintiff must sue at principal office when cause of action...
In my previous post (here and here), I analyzed the jurisdictional position of IP litigation after the SC’s decision in IPRS v. Sanjay Dalia. I noted there that a division bench (DB) of the Delhi High...
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Pokemon GO and Freedom of Panorama in India
“All the world’s a stage, And all the men and women merely players […]” One does not know if this was what the creators of Pokemon Go had in mind when they created the gaming app. Nevertheless, just a...
View ArticleDelhi High Court Adopts an Expansive Interpretation of Cause of Action; Holds...
While legal contestations between plaintiffs and defendants as regards the infraction of the former’s intellectual property rights make for interesting analysis, a large portion of an IP litigator’s...
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SpicyIP Weekly Review (August 7-13)
I believe this week’s thematic highlights were Ritvik’s pieces. Not only were they quite analytically comprehensive, but also quite palatable relative to the complexity of the issues that he chose to...
View ArticleDelhi High Court reinforces jurisdictional importance of cause of action;...
In Ultrahome Constructions v. Purushottam, a division bench of the Delhi High Court interpreted IPRS v. Sanjay Dalia to hold that the plaintiff will be constrained to sue at the place of its...
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Ericsson’s offer of SEP terms to TCL held to adhere to FRAND standards by U.S...
On the 1st of August, 2016, California District Court Judge James V. Selna ruled that some of the license terms that Ericsson offered TCL Communication Technology Holdings Limited (‘TCL’) were fair,...
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The Moo Point: Cows and Bulls lock horns with IPRs
The good old cow was mooing along and minding her business when suddenly the Narendra Modi government was elected and she was catapulted from minor celebrity status to headline grabbing stardom....
View ArticleTatas get temporary reprieve from Bom High Court and Justice Patel endorses...
As our readers may recall, Justice Patel of the Bombay High Court had, earlier this month, rejected an application by Tata Communications Limited (TCL), an internet service provider, for modification...
View ArticleAssessing the consequences of TRIPS+ FTAs for India: TPP, TISA and RCEP (Part I)
Several recent bilateral and regional Free Trade Agreements (FTAs) appear to be exporting standards of IP protection that extend well beyond those prescribed by the Agreement on Trade-Related...
View ArticleAssessing the consequences of TRIPS+ FTAs for India: TPP, TISA and RCEP (Part...
In the previous post, I’d summarised my findings from a study of the TPP, the TISA and the RCEP and their impact on Indian/TRIPS IP and e-commerce norms. Here, I flag specific issues that merit urgent...
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An unclear precedent : Accept the offer to surrender or revoke the patent?...
Sribindu Chivukula recently wrote a post for us on the IPAB order relating to revocation proceedings where an offer to surrender the patent was also previously made. Sribindu concluded that “While the...
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The “Superhero” Trade Mark
Around two months ago, DC and Marvel attempted to force their will onto a small time author. Graham Jules, author of “Business Zero to Superhero”, was taken to court for using the trade marked word...
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