Guest Post: Flowers of the Trademark War

/ By / Trademark

SpicyIP is glad to bring our readers a guest post on trademarks and keyword advertising. Harish Goel and Ashish Goel take us through a recent decision from the High Court of Justice of England and Wales. Although belated (largely due to inadvertent delays on my side – apologies to Harish and Ashish), the decision is useful at examining the interface of trademarks and new online business strategies. Ashish Goel graduated from NUJS in 2012 and Harish Goel is reading business at XLRI-Jamshedpur. […]

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Call for Papers: Indian Journal of Law and Technology, student-run journal of NLSIU, Bangalore

/ By / Others

The Indian Journal of Law and Technology is pleased to invite submissions for its 10th Volume due to be published in 2014 The Journal The Indian Journal of Law and Technology (IJLT) is a student-run open-access law journal published annually by the National Law School of India University, Bangalore, India (NLSIU). We take pride in the fact that IJLT is the first and only law journal in India devoted exclusively to the law and technology interface. Previous issues have featured

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Framing debates on IP – Part III

/ By / Patent

This is third and final part on “Framing debates on IP & Health”. Part I and Part II can be accessed by clicking on the links above. I want to use this series to argue that the manner in which IP debates are framed in the health context, play a large role in claim-staking, even if the claims used are ones that ought to have no role in IP policy. Further, that this manner of framing is more useful to

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The Dasatinib compulsory license conundrum

/ By / Patent

The anticancer meds “nibs” (including Imatinib, Sunitinib, and Dasatinib) have always been mired in controversy. Recently Dasatinib made news when the economic times reported that “The Indian Patent Office has rejected Mumbai-based BDR Pharmaceutical’s application for compulsory licence on cancer drug Dasatinib, according to an affidavit filed by Bristol Myers Squibb, the patent holder for the drug.” This post aims to explore whether the CL application has indeed been rejected. Image from here CL application by BDR u/s 84 –

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UK High Court decision involving patentable subject matter – computer programs

/ By / Patent

The U.K. High Court (Chancery Division, Patents Court) in a recent decision has rejected a claim that software that enables data to be transferred from one computer on which the data is stored, to another machine connected remotely is patentable.  This decision is important as the UK patent law has language similar to the Indian patent law as relates to patentability of “computer software”, and because the decision clarifies the procedure to be used while determining a technical effect.  The

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SpicyIP Tidbit: ‘Grand Masti’ restrained

/ By / Trademark

It has come to our attention, courtesy Ms. Abhilasha Niroola, that the makers of the newly released Bollywood film ‘Grand Masti’ have been restrained by the Delhi High Court from using the name and banner of ‘ICICI Bank’ in its movie, vide an ex parte order. The order was sought by ICICI banks on the ground that ‘ICICI Bank’ was a registered trademark, the trailer of the movie showed the name and banner of the bank in the context of

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Update on Enercon’s Patent Litigation

/ By / Patent

Image from here Recently, the remaining 7 revocation petitions filed by Enercon India Ltd. (EIL) against Aloys Wobben’s patents were heard by the new bench of the IPAB. Prashant has tracked this dispute here, here, here, here, here, and here. Enercon India has been represented by Mr. Parthasarthy, Senior Partner at Lakshmi Kumaran & Sreedharan. The Respondent is represented by Mr. Pravin Anand, Senior Partner at Anand and Anand. As previously noted, the IPAB heard 19 revocation petitions filed by Enercon

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Framing debates on IP & Health – Part II

/ By / Patent

This is part 2 of a 3 part series on “Framing debates on IP & Health”. As mentioned in part I, I want to use this series to argue that the manner in which IP debates are framed in the health context, play a large role in claim-staking, even if the claims used are ones that ought to have no role in IP policy. Further, that this manner of framing is more useful to the traditional ‘access’ side of the

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Framing debates on IP & Health – Part I

/ By / Patent

This is the first of a 3 part post. In this series, I want to argue that the manner in which IP debates are framed in the health context, play a large role in claim-staking, even if the claims used are ones that ought to have no role in IP policy. Further, that this manner of framing is more useful to the traditional ‘access’ side of the debate than it is to the ‘innovator’ side – and that despite being more

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Guest Post: Intermediary liability in defamation cases – Parle, Mouthshut & Visakha cases to clarify the law

/ By / Uncategorized

Chaitanya Ramachandran, who has blogged for us previously over hereand here, has sent us this excellent guest post analyzing the extent of intermediary liability in the context of defamation lawsuits. The specific backdrop to this post is first the recent litigation by Parle against Facebook, Twitter & Google, second the problems being faced by Mouthshut.com and third the pending appeal before the Supreme Court against the decision of the Andhra Pradesh High Court where the Court refused to quash criminal

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