Others

SpicyIP Weekly Review (May 13-19)


I wrote a post on the Delhi HC’s recent order and circular that seek to prevent the practice of ‘defendant masking’. The order and circular prescribe stricter checks by the registry and an undertaking from the plaintiff suggesting that the defendant arraigned as Defendant Number 1 is the main contesting defendant. Other Developments Indian Judgments International Cycle Gears v. The Controller of Patents and Designs and Others – Calcutta High Court [May 10, 2019] The Appellant filed an appeal against the…


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Others

Delhi HC Comes Down Heavily on the Practice of ‘Defendant Masking’


In Bata India v Chawla Boot House, a case concerning trademarking infringement and passing off, the Delhi High Court came down heavily on the practice of ‘defendant masking’. Plaintiffs use this strategy to avoid detection of the matter in cause lists and thereby obtain injunctions in initial hearings without the presence of the main defendant’s counsel. The court took notice of this strategy in this case, and directed stricter measures from the Registry to control it in all IPR suits….


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Others

SpicyIp Weekly Review (May 6-12)


Divij broke the news about a recent order delivered by the Bombay HC in the Tips Industries v. Wynk Music matter, wherein the Court decided upon the applicability of the statutory licensing scheme under Section 31D of the Copyright Act to online streaming services. The Court, in its order, held that internet broadcasting is not covered under Section 31D. In his post, Divij also delves into the question of whether there is a need to introduce internet streaming services into Indian copyright law. I…


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Geographical Indication

The Need to Look Beyond Wines and Spirits: GI Law in India and the Woes of Muga Silk


We’re pleased to bring to you a guest post by Jupi Gogoi. Jupi is an Assistant Professor at the Faculty of Law, University of Delhi. She was formerly associated with the Indian Law Institute, New Delhi. The Need to Look Beyond Wines and Spirits: GI Law in India and the Woes of Muga Silk Jupi Gogoi Muga is a silk variety endemic to the state of Assam. Attires made of Muga Silk are reflection of the culture and heritage of…


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Geographical Indication Others

Delhi HC Clarifies the Ambit of the Seeds Act in Relation to GIs


Can the Seeds Act govern GIs?-The Delhi HC, in an interesting order issued last month, dealt with this question in some detail. The factual matrix is simple here; The Ministry of Agriculture had, through an Office Memorandum (OM), set forth the characteristics of “Basmati” rice variety. They had further stated through another OM that in order to ensure the linkage between the variety and the GI, only such Basmati varieties which were  grown in Indo-Gangetic area would come under the…


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Copyright Innovation

Breaking: Bombay High Court Rules against Statutory Licensing for Online Streaming Services


A recent judgement of the Bombay High Court may have finally put to rest the convoluted saga of the applicability of the statutory licensing scheme under the Copyright Act to online streaming services. In a blow to online music services in India (looking at you, Spotify), in Tips Industries v Wynk Music, Mr. Justice Kathawalla has comprehensively rejected the claim that online streaming services are eligible for being granted statutory licenses for broadcasting under Section 31D of the Copyright Act….


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Others

SpicyIP Weekly Review (April 29-May 5)


Topical Highlight Prarthana wrote a post on the imposition of a staggering Rs. 5 crore in costs in Nippon Steel & Sumitomo Metal Corporation v Kishor D Jain. The case concerned the sale of low-quality pipes to a customer intending to use the same in oil plants. This constituted trademark infringement because the pipes were improperly branded with Nippon Steel’s labels. Justice Kathawalla thought it necessary to impose such extraordinary damages because of the use of low-grade material in an…


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Events

SpicyIP Events: CUSAT’s Empirical Study Orientation Programme on Research Methods in IPRs [Kochi; June 29]


We’re pleased to announce that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is conducting an empirical study orientation programme on Research Methods in IPRs on June 29, 2019. The deadline for submission of application forms is May 25, 2019. For further details, please read the announcement below: Research Methods in Intellectual Property Rights: An Empirical Study Orientation Programme Intellectual Property Rights is one major field of interest for the international community, and the relevance of empirical…


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Trademark

Bombay HC Imposes A Whopping Amount Of Rs. 5 Cr Costs For Trademark Infringement


On April 15, 2019, the Bombay HC imposed costs of Rs. 5 crores in its order in Nippon Steel & Sumitomo Metal Corporation vs. Kishor D Jain & Anr. Nippon Steel, represented by Remfry and Sagar, filed a suit when they received a complaint made to them by Yanbu Steel Company, a trading company based in Saudi Arabia, about the quality of some Carbon Seamless Pipes which were to be used in oil plants. The company informed Nippon Steel that…


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Events

SpicyIP Events: International Conference on Intellectual Property and Development [Geneva; May 20]


We’re pleased to announce that the World Intellectual Property Organisation (WIPO) is organizing the International Conference on Intellectual Property and Development, entitled “How to Benefit from the IP System”, on May 20, 2019 in Geneva. For further details, please see the announcement below: International Conference on Intellectual Property and Development: How to Benefit from the IP System Join stakeholders from government, civil society, IGOs, NGOs, industry and other sectors to share insights in different domains of intellectual property (IP) and…


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