November 2008

A Googly From the Madras High Court

/ By / Patent

Parties, Forum and DecisionPlaintiff/Patentee/Registered Proprietor of the Design: A.R.SafiullahDefendants: Daniel, Indira Daniel, Rajapudeen and MariappanForum: High Court of MadrasDecision: Ad interim injunction against the defendants for design infringement upheld, non-grant of ad interim injunction against defendants for patent infringement confirmed Details of the Patent and the Technology InvolvedTitle of the Patent: Food-grade laminated paper, method and apparatus for manufacturing the laminated paperPatentee: A.R.SafiullahPatent Number: 198079 (in para 3 of the judgment, it states 189079)Date of Filing: 29th August, 2000 (the […]

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Kolkata Patent Office Meeting: No "Technical" Software Patents

/ By / Uncategorized

The last round of the stakeholder’s meeting to discuss issues around the patent draft manual concluded on 22nd of November in Kolkata. Since I am now based in Kolkata, I had the good fortune of attending this meeting and witnessing the interactions first hand. It was reasonably well attended, with the majority of the audience from Kolkatta based law firms. It was chaired by Mr NN Prasad, named by MIP as one of the 50 most influential IP figures this

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On the Mumbai attacks

/ By / Uncategorized

We wish to give our heartfelt condolences to the relatives of the deceased and the injured from the Mumbai attacks that started more than 36 hours ago and are still going on. Here at SpicyIP, we hope that at least this incident has been hideous enough for those in a position of responsibility to finally stand up and do more than merely condemn the attacks and ensure that terrorism is something that the common man no longer has to worry

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SpicyIP Event: Training Courses by NIIPM, Nagpur

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In line with their efforts to raise awareness about Intellectual Property Rights in India, the National Institute of Intellectual Property Management (NIIPM) is conducting a series of Training Courses at Nagpur in the month of December., the details of which are mentioned below. These courses run from 9.30 am – 5.30 pm and are open to any interested person 1. A 2 day Training Course on Patents, Designs, Trademarks and GI from 15-16th December. 2. A 1 day Training Course

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Delhi HC: No ‘Confusion’ for Dilution under Section 29(4)

/ By / Trademark

A recent decision of a Division Bench (Justices Vikramjit Sen and Bhayana) of the Delhi High Court in Ford Motor Co. v. C.R. Borman is perhaps the first decision to examine the concept of dilution in Section 29 (4) of the Trademarks Act, 1999. The decision is particularly important for its holding that ‘dilution’ under the Section does not require a finding of confusion. Generally, a trade mark can be infringed only by a person who uses an identical or

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SpicyIP Tidbits: WIPO rules in favour of re-seller’s right to use a trademark as a domain name

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In a significant ruling , in regards an internet domain name dispute under the UDRP, the WIPO Arbitration Panel held that even an unauthorized re-seller had the right to use the manufacturer’s trademark, not owned by the re-seller, as a domain name, provided that the re-seller in question had a legitimate business interest. In an earlier 2001 case of Okhri Americas the Panel had ruled similarly but with respect to the rights of an authorized re-seller.  The facts of this case are

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TO BE OR NOT BE PATENT FREE!

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Even though India fared dismally in the recent rankings on E-governance, losing 26 places in the World E-Government Readiness Index 2008 and ranking seven places below China in the Web Assessment Survey, the attempt of the Indian Government to establish E-Governance throughout the country continues undeterred. This persistence has been applauded by the United Nations. In particular, India’s attempt at establishing a comprehensive national portal http://india.gov.in/, to account for the important policies and the strategy of the government in relation

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IPAB begins the hearings over the ‘Glivec’ pre-grant rejection

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The special IPAB bench has commenced hearing Novartis’s appeal against the decision of the Asst. Controller of Patents rejecting its patent application for the beta-crystalline form of Imatinib Mesylate, popularly known as ‘Glivec’, during a pre-grant patent opposition proceedings initiated by the the Cancer Patient Aid Association (CPAA) and Natco amongst other parties. For a detailed explanation of the facts as also the Section 3(d) issues, please feel free to download this paper co-authored by Shamnad and me and which

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Mattel Files Appeal in Scrabulous Matter: Jaitley vs Singhvi Again

/ By / Copyright

SpicyIP has just learnt that Mattel has preferred an appeal against Justice Bhat’s order in the SCRABULOUS matter. For our previous posts on this case, see here and here. The appeal is being heard by a Division Bench consisting of Justice Vikramajit Sen and Justice S L Bhayana. The matter came up in court last Thursday and was argued by Jaitley on behalf of Mattel. The Agarwalla brothers are represented by Dr. Abhishek Manu Singhvi and Mr. Sanjay Jain. Interesting

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Mr.Pot to Mr.Kettle: Hey, You are Black!

/ By / Uncategorized

Talk about getting paid back in one’s own coin! Be it the annual human rights report card or the IP progress report (the USTR Special 301 report), the US of A finally seems to have met its match and this time it’s someone its own size, literally and figuratively- China. It looks like Pax Americana is truly at an all time low (what’s the word for it? Ah yes- rock bottom). According to a post on the International Economic Law

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