This week, I had written a post on a recent Delhi HC decision dealing with a design-trademark overlap. In my post, I briefly discuss previous judicial decisions dealing with similar overlaps. I then cover the (in)famous Micolube decision and Prof. Basheer’s take on the same. Finally, I conclude that the provisions of the Design Act does not allow one to claim a remedy for passing off for a registered design and that the Delhi HC failed to consider this issue…

Prashant wrote a post about the impact of India’s biodiversity laws’ impact on scientists and businesses. After tracing the history of the biodiversity laws that we see today, he argues that the legislation should be repealed because it opens the door for arbitrary enforcement against businesses and impedes research efforts by scientists. Pankhuri informed us of the invitation for applications for the CLPR Equality Fellowship with the Centre for Law and Policy Research. The fellows will be expected to engage…

Divij analysed the approach of the Delhi HC towards intermediary liability in its recent ruling in Loreal v. Brandworld. This post is a continuation of his commentary on the same topic in a previous post on Christian Louboutin v Nakul Bajaj. In his post, he first lays out when an e-commerce platform becomes an intermediary and when it can claim safe harbour under Section 79 of the IT Act. He then goes on to conclude that the Delhi HC does not give adequate…