Functionality in Copyright Law : CJEU Decision in Brompton Bicycles
In this post, I would like to discuss a recent judgment of the Court of Justice of the European Union (CJEU) in Brompton Bicycle (C-833/18). This judgment is relevant in the context of Section 52(1)(w)...
View ArticleWhat’s in a Stream? The Confounding Case of IPRS’s Live-Streaming Tariffs
Musicians are not pleased with IPRS’s new tariff scheme. (Image from wikimedia commons) The Indian Performing Rights Society (IPRS) has been keeping busy during the COVID pandemic. In an undated...
View ArticleTrade Secrets Protection and Incentives to Innovate: Scrutinizing Section 91...
We are pleased to bring you a guest post by Sahaja Burde, on the ongoing regulatory efforts surrounding ‘non-personal data’. Sahaja is a 3rd year student at ILS College, Pune. In this post, Sahaja...
View ArticleAnnouncing the Winners of the 1st Shamnad Basheer Essay Competition on IP Law!
Prof. (Dr.) Shamnad Basheer On May 14, 2020, on the occasion of Shamnad‘s 44th birth anniversary we had announced the first edition of the Shamnad Basheer Essay Competition on Intellectual Property...
View ArticleDelhi High Court’s Dynamic Injunction in Favour of Disney: An Unclear and...
Image from here Recently, in a suit filed by Disney for protection of its copyrighted content, the Delhi High Court granted the interim relief in its favour. As aptly described in the order, Disney is...
View ArticleSpicyIP Weekly Review (July 27 – August 2)
Topical Highlight What’s in a Stream? The Confounding Case of IPRS’s Live-Streaming Tariffs Image from Wikimedia Commons Divij wrote about the confusion created by Indian Performing Rights Society’s...
View ArticleRitter Sport Wins Trademark for Square Chocolates: Bitter Consequences of...
Image from here In a surprising ruling by the Federal Supreme Court of Germany (BGH) recently, well known German chocolate brand, Ritter Sport (“Ritter”) won exclusive rights to square packaging for...
View ArticleDelhi HC Becomes the Go to Venue for Adjudicating SEP Disputes in India
Image from here We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high –...
View ArticleDoes Copyright Law Protect Presentation of Gastronomic Creations?
We’re pleased to bring to you a guest post by Aatmik Jain, examining how Indian copyright law can protect presentations of gastronomic creations. Aatmik is a 2nd year student at the West Bengal...
View ArticleBudweiser’s Trademark Infringement and Disparagement Claim: Nipping Satire in...
Image from here Budweiser recently filed a suit before the Delhi High Court against the defendants on grounds such as infringement of its trademark, unfair competition and commercial disparagement, and...
View ArticleCurious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark...
Image from here The Hon’ble Madras High Court has passed a detailed order on merits injuncting Patanjali from using the trademark ‘Coronil’. The order I daresay is one of the most elaborate and lucid...
View ArticleCall for Papers: CNLU’s E- Journal of Academic Innovations & Research on...
Image from here We’re happy to inform you that CNLU’s Centre for Innovation Research and Facilitation (CIRF) in Intellectual Property for Humanity and Development (IPHD) is inviting papers for...
View ArticleFluid Trademarks: An Alter Ego for Brands?
Image from here We’re pleased to bring to you a guest post by Devangini Rai discussing the application of Indian trademark law to fluid trademarks, which are popularly being used in the context of the...
View ArticleShenzen Tencent v. Shanghai Yinxun: AI Authors, Copyright and Some (Hard)...
An AI produced portrait We’re pleased to bring to you a guest post by Bhavik Shukla and Hatim Hussain, discussing authorship in AI-related works under the Indian copyright law, with specific reference...
View ArticleSpicyIP Weekly Review (August 3 – 9)
Topical Highlight Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet Image from here In this post, Arun examines the Madras High...
View ArticleThe Dilemma of Graphical User Interfaces: A Need to Rethink Design Protection?
Image from here In the previous post I had covered a specific element of the issues touched upon by the similarities in the interface of JioMeet and Zoom, that of possibility of a non-literal copying....
View ArticleBreaking News: Controller General’s Office Agrees with Our Petition for...
Image from here A few months ago, in May, I had sent a petition to the Ministry of Commerce, along with Rahul Bajaj, asking it to consider shutting down the Intellectual Property Appellate Board...
View ArticleRevocation of Novartis’ Ceritinib Patent Stayed: Unraveling the IPAB Order
Image from here The IPAB has recently stayed the revocation of Novartis’ patent over the anti-cancer drug Ceritinib. An examination of the revocation order reveals an unfortunate oversight in examining...
View ArticleDIPP Appoints ‘Technical Members’ to IPAB – Legality under Doubt
Last night, Anushree Rauta of the IPRMENTLAW blog, made public an order of the Appointment Committee of the Cabinet (ACC) clearing the decks for the appointment of five technical members to the...
View ArticleIPAB’s Ferid Allani Order and the Changed Indian Patent Landscape for...
Changed patent law landscape © We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, analysing the recent IPAB order that set aside the Patent Office’s order rejecting a...
View Article