2011

Breaking News: TATA loses infringement challenge against Greenpeace

/ By / Trademark

The Indian-owned global conglomerate, the TATAs, have failed to convince the Delhi High Court that Greenpeace was guilty of defamation and trademark infringement in its use of the TATA logo in an online game. Justice S Ravindra Bhat of the Delhi HC refused to grant an injunction against Greenpeace earlier today. We are awaiting a copy of the order, and shall post if there are any significant observations by the court.The international environmental NGO, represented by Saikrishna and Associates, successfully […]

Breaking News: TATA loses infringement challenge against Greenpeace Read More »

Breaking News: Madras High Court admits petitions challenging the constitutionality of the IPAB and the Copyright Board

/ By / Uncategorized

Earlier this morning a Division Bench of the Madras High Court comprising of Chief Justice M.Y. Eqbal and Justice T. S. Sivagnanam, admitted two Public Interest Litigations (PILs) petitions challenging the constitutionality of the Intellectual Property Appellate Board (IPAB) constituted under the the Trade Marks Act, 1999 (& also the Patents Act, 1970) and the Copyright Board constituted under the Copyright Act, 1957. Both petitions are available over here and here. Image from here. While the first petition, challenging the

Breaking News: Madras High Court admits petitions challenging the constitutionality of the IPAB and the Copyright Board Read More »

CSIR Tempers Patent Aggression

/ By / Patent

This piece is slightly dated, but an interesting one nonetheless. Soma Das of the FE highlights CSIR’s changing patent culture from that of an aggressive patent filer to a more temperate and selective one. However, the numbers don’t really add up and there are some inconsistencies. While CSIR claims to have adopted such a temperate stance since 2007, its foreign filings went up in 2009, relative to its filings in 2008. The numbers for total foreign filings in each of

CSIR Tempers Patent Aggression Read More »

Rethinking Intellectual Property Rights Workshop at CIPRS

/ By / Copyright

SpicyIP is pleased to announce an exciting opportunity for students interested in IP to participate in the first annual workshop on Rethinking Intellectual Property Rights, organised by the Inter-University Centre for IPR studies in association with the HRD Chair on IPR, Cochin University of Science and Technology, from March 10-12, 2011 . The theme for this year’s workshop is ‘Indian Copyright Law: A Social Perspective‘. The workshop has been organised keeping in mind the impending Copyright (Amendment) Act, 2010, with

Rethinking Intellectual Property Rights Workshop at CIPRS Read More »

Patentability of traditional knowledge-capsicum this time

/ By / Uncategorized

The USPTO had introduced an information sharing program with the Government of India designed to prevent the improper patenting of traditional knowledge.  The information being shared expanded the class of publications under 35 U.S.C. §§ 102(a)-(b), commonly used to deny a patent to an applicant. The Traditional Knowledge Digital Library (TKDL) has been made accessible to the Examiners at the USPTO and as such the Examiners can reference and cite the TKDL information in an office action. It seems that

Patentability of traditional knowledge-capsicum this time Read More »

Reciprocal Recordings: Copyright Charity Must End at Home

/ By / Copyright

In our submissions to the Parliamentary Standing Committee (tasked with examining the recent copyright amendment bill), we argued strongly in favour of strengthening our “reciprocity” provisions, an aspect first brought to light on this blog by Nikhil Krishnamurthy. The committee either missed the point altogether or refused to take note of it, as it does not find any mention in their otherwise sophisticated report. Barking dogs may never bite, but when peeved, they tend to bark a bit louder. And

Reciprocal Recordings: Copyright Charity Must End at Home Read More »

EU-India closer to FTA-hampered public health regime?

/ By / Data Exclusivity

Draft IP chapter made available The chapter on IP in the draft EU-India FTA has been made publicly available for the first time. As Malini Aisola has pointed out in her blogpost at CIS, the draft shows India’s rebuff of EU’s stand on several key IP provisions. There is a copy of the draft available here for those interested. [CIS-India has also helpfully compiled a chart comparing the language put forth by India and that put forward by EU, available here]. There seems

EU-India closer to FTA-hampered public health regime? Read More »

Legalsutra is here!

/ By / Uncategorized

Legalsutra is yet another wonderful effort from Mr. Arjun Sheoran of the Lawkhoj fame. Congratulations Mr. Sheoran! Let’s hear what Arjun has to say about Legalsutra: ” Legalsutra, a non profit – non commercial venture, is a free legal knowledge and document repository. The repository not only includes variety of academic papers/projects but also archives moot memorials and class notes, which otherwise go waste and unacknowledged. In order to encourage academic writing and interaction amongst law students pan India, Legalsutra  

Legalsutra is here! Read More »

IPTO notifies the 3rd draft patent amendment rules, 2010

/ By / Uncategorized

The Indian Patent and Trademark Office (IPTO) today notified the 3rd draft patent amendment rules, 2010.The notification can be seen here (warning: file size is large ~5MB). A few major highlights from the draft rules are:Our IPTO becomes an International Preliminary Examination Authority (IPEA) and International Search Authority (ISA) upon publication of the rules in the Official Gazette.  IPTO’s Delhi office will perform the function of the IPEA.  The rules also define a specific section relating to the format of applications to

IPTO notifies the 3rd draft patent amendment rules, 2010 Read More »

Scroll to Top