Copyright Trademark

Examining the Delhi High Court’s Jurisdictional Quagmire on Online Elements – Part I


Over the past few years, the Delhi High Court has had a number of occasions to consider the question of jurisdiction in trademark and copyright cases. One common thread between many of these has been the element of online transactions, where jurisdiction rests on the Court’s interpretation of the impact of online transactions on a traditional jurisdiction analysis. However, despite this element becoming ever more ubiquitous, the jurisprudence around online jurisdiction has become more convoluted. In this post I aim…


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Others Uncategorized

SpicyIP Weekly Review (January 14 – 20)


The thematic highlight of the week was Prof. Basheer’s post on how Brazil and India have responded to issues of pendency in IP administration. Here, he points to two examples – Brazil’s radical idea to expeditiously approving pending patent applications through a ‘simplified process’, and India’s decision to deem 5,00,000 trademark applications as abandoned. Thankfully, the former decision has not been implemented yet, and latter decision has been stayed by the Delhi High Court and, as one of our readers…


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Events

SpicyIP Events: WIPO-WTO Colloquium for Teachers of Intellectual Property 2018, Geneva


We are pleased to announce that the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) are jointly organizing a two-week colloquium for teachers of intellectual property from developing countries and countries with economies in transition. The 15th Colloquium will take place in Geneva, Switzerland from June 18-29, 2018. A copy of the provisional programme for the colloquium is available here. Interested candidates need to complete the Application Form online by March 11, 2018. If you have any…


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Trademark

In a Misguided Step, Supreme Court Stays Karnataka High Court Judgment on Health Warnings on Tobacco Products


While few would disagree with the broad proposition that the commercial interest of profit-driven businesses has to be balanced with the interest of the public, the precise manner in which such a balance has to be struck continues to remain a deeply contested issue. One key arena in which efforts to achieve this balance have received sustained attention on this Blog relates to the imposition of plain packaging restrictions and health warnings on Tobacco products. Simply put, such restrictions curb…


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Patent Trademark

Creative Ways of Cutting Pendency: Abandonment vs Allowance?


The BRICS block (comprising Brazil, Russia, India, China and South Africa) are a major force to contend with. For these countries are seen as potential world leaders (if not already). Along with Annalisa Primi, a stellar economist, I co-authored a paper some years ago referring to these countries as “Technologically Proficient Developing Countries” (TPDCs). And hoped that some of these countries would break out of the standard IP script (driven in large part by the developed world) and carve out…


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Others

SpicyIP Weekly Review (January 7 – 13)


Kick starting this week, Pankhuri announced the 14th ITechLaw 2018 International India Conference, to be organized by ITechLaw, from January 31, 2018 to February 2, 2018 at the Ritz Carlton hotel in Bangalore. The conference theme for this year is ‘The Fourth Industrial Revolution: Challenges Ahead for India.’ Notably, ITechLaw is offering special discounted prices to local India delegates and in-house counsel members. All those interested may register here. Next, we had Pankhuri posting on behalf of Prof. Basheer, who reported the recent Delhi HC ruling on a…


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Patent

Delhi High Court Makes Clear that Patent Working Information is not “Confidential”


The Delhi high court order on “patent working” that we blogged about earlier is now available on our resource page here. As you can see, it is a very well reasoned order. And one of the few decisions that is not unduly long winded, but short, crisp and legally lucid. Here are the key excerpts from the decision. Am reproducing the introductory paragraphs of the courts ruling, since the court captures the core essence of the petition quite well. The court…


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Patent

Breaking News: Delhi High Court Asks Govt. for Status Report and Action Taken on Patent Working


(This post has been authored by and published on behalf of Prof. Shamnad Basheer) Some great news at long last! Many of you may recall that along with the indomitable Sai Vinod, I’ve been trying to persuade the Patent Office to ensure that it takes the patent working disclosure requirement more seriously and force patentees to comply with this important “transparency” requirement. To this end, I had filed a PIL in 2015. Court Ruling Today: Background For some background on…


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Events

SpicyIP Events:14th ITechLaw 2018 International India Conference, Bangalore


We are pleased to announce that ITechLaw is organising the 14th ITechLaw 2018 International India Conference from January 31, 2018 to February 2, 2018 at the Ritz Carlton hotel in Bangalore. Register before January 12, 2018 to avail the early bird discount. For further details, please read their announcement below: 14th ITechLaw 2018 International India Conference (January 31 – February 2, 2018, Bangalore) The 14th ITechLaw 2018 International India Conference organised by ITechLaw is returning to Bangalore this year.  The conference will…


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Others

SpicyIP Weekly Review (December 31-January 6)


Hello, readers! The first week of the year has been quite exciting for the blog, with our year-end review of 2017 in Indian IP, Prof. Basheer kicking off SpicyIP’s Interview Series, and Prashant breaking some major developments at the IPAB, along with some other interesting reads and news. Pankhuri curated our Top 10 lists for 2017 as a year in review post. The post highlights crucial developments in four fields – a) Top 10 IP Cases/Judgments (Topicality/Impact) b) Top 10 IP Cases/Judgments…


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