Overlapping Intellectual Property Rights

/ By / Copyright, Design, Overlaps in IP, Patent, Trademark

The inimitable IPKat has been very kind to SpicyIP in a recent post, where they noted: “…this Kat notes with pleasure that one of INTA’s media sponsors this year is Spicy IP, a blog which has not merely placed India firmly on the map so far as IP blogging is concerned, but has provided an invaluable source of information, ideas and critical comment at an impressively high level.  It’s only a few years ago since blogs were still regarded with suspicion, […]

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SpicyIP Weekly Review (5th-11th May, 2014)

/ By / Others

The SpicyIP Story of the Week is our interview with Manojna Yelluri, founder of IP start-up Artistik License,   a unique platform that seeks to help artists and creators with their needs and queries in navigating the world of Intellectual Property. The week began with Gopika’s post on 6th May being International Day against DRM. This was followed by my post on Sonu Nigam successfully getting an injunction from the Bombay High Court restraining singer Mika Singh from infringing upon Sonu’s

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SpicyIP Events: IT Legal Summit 2014

/ By / Event, Sponsored

Information Technology Legal Summit (ITLS) 2014, 22nd May, 2014 Vivanta by Taj – Whitefield, Bengaluru http://www.itlegalsummit.com Download Summit Agenda | Register Now! Aim of the Summit With globalization and IT Revolution there are issue that do not fall within the same spectrum of law or jurisdiction and making difficult to easily avail a consolidated expert knowledge of applicable laws at transaction level and any relevant interpretation thereto. The 2nd Annual of IT Legal Summit by Lex Witness provides a fast paced

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SpicyIP Interviews: Artistik License

/ By / Copyright, Trademark

  Working hard at protecting the rights of artists and creative entrepreneurs in India, is a dedicated venture called ‘Artistik License’. Artistik License is an interesting new start up that seeks to go to what is really the heart of the IP-incentive system – helping artists and creators. They describe themselves as a legal education and services platform dedicated to addressing the needs and queries of artists and creative entrepreneurs in India. With a strong emphasis on making legal know-how

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Global Excess v. Union of India: Compulsory Registration for Import of Electronic Goods Not a Restriction on Parallel Imports

/ By / Others

On 17th January, 2014, the Gujarat High Court set aside a Writ Petition, holding that the “Electronics and Information Technology Goods (Requirement for Compulsory Registration) Order, 2012” which mandates the registration of fifteen categories of electronics items under the Compulsory Registration Scheme of Department of Consumer Affairs subject to compliance with Indian safety standards was neither violative of Arts. 14 and 19(1)(g) of the Constitution of India nor an indirect ban on parallel imports.  The petitioner in this case was

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SPICY IP TIDBIT: Govt for discussion paper on royalty payment ceiling

/ By / Copyright, Others, Patent, Trademark

Background We had earlier reported that the Indian government, in 2009, waived the requirement of prior government approval in case of payment of royalty by Indian companies to multinational corporations and allowed such payments through the automatic route. Later, we also carried a Business Standard report which stated that the aforesaid relaxation is being used by the MNCs to divert a major portion of the profits made by their Indian arms in the form of royalty payments and technology transfer

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SpicyIP Events: IT Legal Summit 2014

/ By / Event, Sponsored

Information Technology Legal Summit (ITLS) 2014, 22nd May, 2014 Vivanta by Taj – Whitefield, Bengaluru http://www.itlegalsummit.com Download Summit Agenda | Register Now! Aim of the Summit With globalization and IT Revolution there are issue that do not fall within the same spectrum of law or jurisdiction and making difficult to easily avail a consolidated expert knowledge of applicable laws at transaction level and any relevant interpretation thereto. The 2nd Annual of IT Legal Summit by Lex Witness provides a fast paced

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Expired Patents, Injunctions and Commercialization

/ By / Patent

The following post discusses two recent patent cases where the relief of permanent injunction became infructuous due to the expiration of the impugned patents. A related issue of commercialization of patents is also briefly discussed. U. Varadaraya Nayak v S.K. Anand, Del HC: In this case, the patentee a retired school teacher obtained a patent for an invention titled ‘twin blade razor’. The inventive feature of the blade was the “novel manner in which the holes are positioned in relation

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SpicyIP Weekly Review (28th April to 4th May)

/ By / Others

  SpicyIP Highlight of the Week! On 30th April, India signed the ‘Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (MVT)’ which allows for better access to published works by the visually impaired. This is indeed a welcome move to address the problem of “book famine” which is faced by those who are visually impaired or print disabled; India’s copyright laws being already in harmony with the Treaty makes

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CCI penalises Google for non-disclosure of information; fines it one crore rupees

/ By / Competition Law

Earlier in March, Google was fined one crore rupees by the Competition Commission of India (CCI) for not cooperating with the Director General’s (DG’s) investigations into its operations. The DG had served seven notices directing Google to provide certain information during its investigation, which Google did not fully comply with. Background Our readers may be aware that the CCI had received complaints against Google from two organisations, Matrimony.com (runs BharatMatrimony.com) and Consumer Unity & Trust Society (CUTS). While returning search,

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