November 2008

SpicyIP Tidbit: G.I for the Tirupati Laddu

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Mention Lord Venkateswara and his holy abode at Tirupati,what comes to mind synonymously is the Tirupati Laddu. Reverred by the thronging devotees, one has to wade through serpentine queues to get their share of this divine offering Such is the popularity and the demand of the Tirupati Laddu, that is has given rise to a thriving grey market that is threatens to erode the sanctity of the holy food. The Tirupati Laddu is specially prepared by the heredity temple priests […]

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Both Hindi cinema and theatre are accused of copyright infringement by relatives of dead authors

/ By / Copyright

The latest Bollywood blockbuster – Golmaal Returns – has been accused of infringing the copyright of a 1973 Hindi movie – Aaj Ki Taaza Khabar. The allegations have been raised by the widow of the director-producer Rajendra Bhatia. She has allegedly filed a complaint against the producers Golmaal Returns with the Indian Motions Pictures Producer’s Association. The director of Golmaal Returns has rubbished the claims and has pointed out to his track record of securing all the necessary permissions for

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Indian Copyright Collecting Societies and Foreign Royalties: Whither Transparency?

/ By / Copyright

We have a rather provocative guest post from Nikhil Krishnamurthy, a dear friend and an exceptionally talented copyright lawyer ( I say this out of experience, having worked with him on several IP matters in my past life as an IP practitioner). Nikhil’s post raises some serious issues about whether or not Phonographic Performance Ltd (PPL: a sound recording collecting society registered under the Indian copyright act) has the right to collect licence fees on behalf of foreign sound recording

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SpicyIP Tidbits: ‘Maaza’ dispute ends up in the Delhi High Court

/ By / Trademark

The dispute between Bisleri and Coca-Cola over the ‘Maaza’ trademark has finally landed itself in the Delhi High Court. The ET reports that The Coca-Cola Company secured in its favour “an interim injunction restraining Bisleri International from using the Maaza trademark in India. The matter is to come up for further hearing on March 2, 2009.”  Sumathi and I had  covered the ‘Maaza’ dispute in two earlier posts which you can read over here and here. Initially  in the month

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SpicyIP Events: Training Programme, NIIPM Nagpur

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In yet another laudable effort to raise awareness of the rights related to intellectual property, the National Institute of Intellectual Property Management (NIIPM) has decided to organise a Training Programme in Nagpur starting today 17th November 2008, for five days at the NIIPM between 9 30AM to 5 30PM. The Training Programme is on an Advance Training Course on Patents for IPR Related persons from Industries , IPR Cell, Scientists, R&D or Attorneys/Legal Professionals. This is one of the many

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SpicyIP: Foreign G.Is’ Enter India

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SpicyIP had earlier this year carried a post on the Scotch Whisky Manufacturers Association (SWA) move to protect the IPR rights of the Scotch Whisky in China. We had also averred that SWA could move the Indian G.I Registry next to protect its status, more specifically given its fallout in the trademark wrangle with the Khodays. Livemint reports this morning “The Scotch Whisky Association, which represents whisky distillers and exporters of Europe, is planning to register the geographical indication (GI)

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Upaid vs Satyam: new forgeries, NASSCOM in the picture

/ By / Patent

Two very interesting updates on the Upaid vs Satyam dispute, which demonstrate the premise that Sid Fernandes laid down in his guest post last week – that there must be “no surprises” in trial… No, the documents have not been de-sealed as yet, so we still don’t know what is contained in the third amended complaint that was reported on some time ago. However, I have news that almost a dozen fresh forgeries have allegedly emerged in Satyam’s dealings over

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On ‘Prima Facie’ cases and ‘Originality’: Part II

/ By / Copyright

(In Part I of this note, I made the following points: The “prima facie” standard in injunction law requires the plaintiff to show that he has some possibility of success and that his claim is not vexatious. The probability of success and the relative strengths of the parties’ arguments are not relevant factors. The “originality” standard in copyright law requires that in order to be original, a work must involve some intellectual skill and judgment according to the standard in

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On ‘Prima Facie’ cases and ‘Originality’: Part I

/ By / Copyright

In determining how the standards of originality are to be applied in particular cases, it is essential to note that in a majority of cases, the Courts are called upon to decide whether to grant a temporary (or interim) injunction (i.e. an injunction awarded until final disposal of the suit) or not. The significance of this is not that it alters the legal tests for “originality”, but that it does alter the results of the application of those tests in

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SpicyIP Events: WIPO Forum on "Role of IP in the Innovative Economy"

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WIPO/CCM/DEL/05/ The World Intellectual Property Organization (WIPO) in association with the Department of Industrial Policy and Promotion (Government of India) and the Federation of Indian Chambers of Commerce and Industry (FICCI) is organizing an Inter-Regional Forum on “Role of Intellectual Property in the Innovative Economy” in New Delhi on the 26th and 27th of November, 2008. The conference seeks to “engage the stakeholders to share their experiences, articulate views and make meaningful recommendations regarding IP issues related to dynamic use

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