Copyright

Breaking News – Parliament Repeals the Copyright (Amendment) Act, 1999 and Copyright (Amendment) Act, 2012: What Effect Will It Have on the Copyright Act?


In a shocking piece of news, delivered to us by one of our former bloggers, Thomas Vallianeth, it appears that Parliament recently repealed the Copyright (Amendment), Act, 1999 and Copyright (Amendment) Act, 2012 when it enacted the Repealing and Amending (Second) Act, 2017 and which law received Presidential Assent on January 5th, 2018. The repeal of old legislation has been high on the Modi government’s agenda and since winning the elections in 2014 this government has been regularly repealing old…


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Patent

More Advocates Challenge the Requirement of a Patent Agent Examination to Practice before the Patent Office


Since I wrote about Sanjay Gandhi’s recent petition before the Madras High Court where he sued the Controller General of Patents on the issue of advocates requiring to take the patent agent examination, I have received information regarding two more petitions on similar points before the Madras High Court and the Delhi High Court. The petition before the Madras High Court has been filed by Wing Commander (Retd.) T. R. Mohan. The gist of his petition as per a comment…


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Others

SpicyIP Events: FICCI Online Certificate Courses on Intellectual Property Rights; Register by February 28


We are pleased to announce that registrations have commenced for March 2018 session of IPPro, IPComp and CCIPR courses offered by the Federation of Indian Chambers of Commerce and Industry (FICCI). The last date for registration is February 28, 2018. For further details, please read the post below: About FICCI Established in 1927, FICCI is the largest and oldest apex business organisation in India. Its history is closely interwoven with India’s struggle for independence, its industrialization, and its emergence as…


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Designs Others

Between a Croc and a Hard Place – Delhi High Court Rejects Interim Protection for Crocs’ Registered Designs


The Delhi High Court, in its judgement in Crocs v Liberty and Ors., on February 8, rejected Crocs Inc.’s applications for interim injunctions against the breach of copyright in their registered design. Mr. Justice Valmiki Mehta disallowed the applications for injunction, finding that Crocs’ designs for its namesake clog-type (see image) sandals were ‘liable to be cancelled’, and imposed substantial compensatory costs on the plaintiff. [TL;DR – Crocs fell short of the Design Act’s requirement that any trade variations to…


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Trademark

Bombay High Court Comes Down Heavily on Listed Pharma Company for Engaging in Persistent Trademark Infringement


In a notable development, the Bombay High Court (“Court”) recently came down heavily on Syncom Formulation (India) Limited, a listed pharma company, for circumventing court orders and engaging in infringing conduct in a persistent fashion. The Court’s observations came in a suit for trademark infringement filed by the plaintiff, Shalina Labratories, as regards its medicinal and pharmaceutical preparations. On the whole, the case appears to be an open-and-shut case of trademark infringement, inasmuch as the Court returned a clear finding…


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Patent

A Wyeth Blooper Gives An Insight Into How Pharma Companies Calculate Sales Figures for Form 27s


As the Delhi High Court continues with the hearings over the Patent Office’s implementation of Section 146 of the Patents Act, we came across an interesting tidbit of information on how exactly pharmaceutical companies calculate the values disclosed in the Form 27s that are filed before the Patent Office. The background to this particular piece of information is a tip that we received from a reader regarding an erroneous Form 27 filed by Wyeth with regard to its patent IN…


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Copyright

Has IPRS Set the Stage for a Battle with Apple, YouTube, Reliance Jio, Airtel etc?


Last week, Gulveen Aulakh of the Economic Times broke the news that the recently re-registered copyright society Indian Performing Rights Society (IPRS) has written to Indian telecom companies and platforms such as Apple and YouTube, demanding that they pay up for the use of IPRS’s repertoire, either by way of streaming or downloads. The recipients of these notices reportedly also include Bharti Airtel, Vodafone India, Idea Cellular and Reliance Jio. Apparently, some of these telecos have told the ET that…


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Trademark

A Note on Ansari Bilal Ahmadlal Mohd vs Shafeeque Ahmed Mohammad Sayeed (Bom HC)


This judgment helps to us to have a quick revision of settled legal principles vis-a-vis interim relief in trademark infringement suits. Firstly, in case of interim reliefs, the extent of interference by Appellate forums in the discretion exercised by trial courts is limited. Secondly, in judging confusion, the test to be applied is that of a person of average intelligence and imperfect recollection. Background The Division Bench of the Bombay High Court decided on an appeal filed against the order…


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Others

SpicyIP Weekly Review (February 11 – 17)


We’ve had a busy week at the blog this week, with several guest contributors and interesting discussions on our comments threads too. The week’s thematic highlight is Mathews three-part post analyzing Section 31D of the Copyright Act, and criticizing the order of the Punjab and Haryana High Court in ordering the Registrar of Copyrights to exercise power under Section 31D. The first part of the post notes that the IPAB is supposed to function as an independent tribunal, which is…


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Patent

Patent Working PIL (Update): Court Clarifies Patent “Licensing” Confidentiality and Suggests Form 27 Reform


(This post has been co-authored with Prof. Shamnad Basheer)  Last week, we brought to you news of yet another well reasoned and lucid order from a Division Bench of the Delhi High Court (comprising Acting Chief Justice Gita Mittal and Justice Hari Shankar) in our Patent Working PIL (see here and here). This order (dated February 7, 2018) is now available on the Delhi High Court website here. The order again reiterates the importance of the patent working disclosure requirement…


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