Copyright Geographical Indication Patent Trademark

SpicyIP Weekly Review (September 20- 26)


ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity In this post, Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR ASĀVA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order. Adyasha first provides the factual background and the reasons behind the Single Judge’s refusal of the interim injunction. She notes that the Single Judge agreed with the…


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Trademark

ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity


A few months back, a Single Judge bench of the Bombay High Court delivered what has now been revealed to be a very problematic decision on deceptive similarity in alcoholic beverage trademarks. Brought to light upon being set aside by the Division Bench, this decision rendered findings that threatened to set dangerous precedents on what constitutes a trademark, and how deceptive similarity is evaluated. In this post, I revisit the Single Judge’s ruling and underscore the ways in which the…


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Copyright Others Patent Trade Secret Trademark

SpicyIP Weekly Review (September 13-19)


Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed” In this post, Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. He first summarises the findings of the Division Bench. He then noted the court’s ruling that the subject matter of…


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Opportunities Trade Secret

Webinar on ‘Trade Secret and Access to Medicine’ by CUSAT and TWN [September22]


We’re pleased to inform you that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine ” on September 22, 2021. For further details, please see the announcement below: Trade Secret and Access to Medicine Intellectual property seeks to achieve certain objectives such as disclosure, dissemination of information and creation of innovations….


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Copyright

Tracing the Contours of Copyrightability of ‘Unique Sports Celebrations’


We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the copyrightability of unique sports celebrations. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest post on the blog can be viewed here. Tracing The Contours of Copyrightability of ‘Unique Sports Celebrations’ Kedar Ganesh Dhargalkar Be it the triumphant chronicles of the Argentinian legend at Copa America or the ultimately underwhelming yet individually rewarding…


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Opportunities

NUALS Kochi’s Webinar Series on ‘Evolving Facets of IPR’ [September 23]


We’re pleased to inform you that the Centre for Intellectual Property Rights (CIPR), NUALS  is organising a webinar series on ‘Evolving Facets of IPR’ on September 23, 2021. For further details, please see the announcement below: CIPR Webinar Series – Evolving Facets of IPR About the Organisers:  The National University of Advanced Legal Studies (NUALS) is a National Law University located in Kochi, Kerala, India. The university was established by Act 27 of 2005 of the Kerala State Legislature as a public…


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Opportunities Publication

Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. 12 [Submit by November 20]


We’re happy to inform you that NALSAR Hyderabad’s Indian Journal of Indian Intellectual Property Law (IJIPL) is inviting papers for publication in Volume 12 of the journal. The deadline for submission is 20th November, 2021.  For further details, please see the announcement below: Call for Papers: Indian Journal of Intellectual Property Law (Vol. 11)  The Indian Journal of Intellectual Property Law (IJIPL) is the flagship intellectual property law journal of NALSAR University of Law, Hyderabad. IJIPL is India’s first student…


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Patent

Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed”


The present post discusses another instance of interim injunctions imposed by our courts on the basis of problematic rationale. Sometime back, I reported on an interim injunction order by a Single Judge Bench of Madras High Court against La Renon Healthcare Pvt. Ltd. and Stanford Labs Pvt. Ltd (the defendants). Without narrating the background in detail again, the order was passed in an ongoing patent infringement dispute (covered here and here for the blog) surrounding Plaintiff no. 2’s (Kibow Biotech)…


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Others

SpicyIP Weekly Review (September 6 – 12)


Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas? Continuing our series of posts on the Parliamentary Standing Committee Report, I wrote about the recommendations on IPR and traditional knowledge. I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. Analysing these recommendations, I note that they represent a shifting…


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COVID-19

High-Level Dialogue—TRIPS Waiver: Challenges & Opportunities? [September 13]


We are pleased to inform you that a high-level dialogue to discuss the challenges and opportunities concerning the TRIPS Waiver with intellectual property experts, a nobel laureate, a member of the European Parliament, and a US Congressman is being organised on 13th September, 2021 from 6:45 PM to 08:00 PM Indian Standard Time. For further details, please read the announcement below. High-Level Dialogue—TRIPS Waiver: Challenges & Opportunities? With 4.6 million deaths officially reported, evidence suggests that the death toll is…


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