April 2012

SpicyIP Announcements: The First PIP (Promoting Intellectual Property) Competition 2012

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The First Annual NUJS IP Essay Competition 2012 announced last month has now been renamed as the PIP (Pondering Intellectual Property) Competition, 2012. We are pleased to announce that SpicyIP will co-host the first edition the competition along with the MHRD IP Chair at the National University of Juridical Sciences (NUJS) and the Intellectual Property and Technology Law Society (IPTLS). All students currently enrolled in full-time graduate program anywhere in the world can participate in the competition by submitting essays […]

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Moral Rights for Moral Wrongs – Dismantling of the Bhilai ‘Flight of Steel’ sculpture

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If you are an artist or sculptor or just someone who just appreciates good art, the recent episode concerning the destruction and dumping of the sculpture ‘The Flight of Steel’, an iconic sculpture (which was later renamed ‘Murga Chowk’) in Bhilai, is sure to irk you to an uncomfortable degree.  This is a curious case of a seventy year old artists being humiliated after being commissioned by Bhilai Steel Plant to construct a steel sculpture in a designated area covering about

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A RTI googly from Dr. Kardam

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In a googly under the RTI Act, Dr. Kardam, Deputy Controller of Patents & Designs and also the Appellate Authority under the Right to Information Act, 2005, at the Intellectual Property Office, has effectively killed the application of the RTI, 2005 to information held by the Patent Office, Trade Mark Registry & Geographical Indications (G.I.) Registry. Image from here. In a recent decision, available over here, Dr. Kardam has ruled that the RTI Act, 2005 will not apply in those

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The need for an‘independent’ review of the TKDL project

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I would like to conclude the last few posts on the Traditional Knowledge Digital Library (TKDL), with a call for an independent review of the entire project. In specific, the review should examine the TKDL on the following points:  (i) Copyright infringement: In of my earlier posts, I had raised the issue of whether TKDL was compliant with the Indian Copyright Act, 1957. The ‘copyright issue’ strikes at the very heart of TKDL for the very same reason that Google

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Saregama alleges Copyright Infringement by Dirty Picture Song prior to Satellite Release of Movie

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(Image taken from here)Many readers would undoubtedly already be familiar with the recent histrionic abilities of the Bollywood actress Vidya Balan in the widely-acclaimed movie ‘Dirty Picture’. On April 22, 2012, the movie is due to have its satellite launch, following which it will be aired in television channels across the country. It is at this stage that a recent petition has been filed seeking an injunction from broadcasting the film itself or at any rate the song therein titled

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Guest Post – TKDL: A success- Really?

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Mahima Rathi, who has recently guest blogged for us, over here, has sent us this very interesting case study regarding the use of the Traditional Knowledge Digital Library (TKDL) before the European Patent Office. TKDL: A success – Really? by, Mahima Rathi Much has been said about the success of TKDL in preventing cases of misappropriation of Traditional Knowledge related to Genetic Resources (TKGRs). In fact, the TKDL website refers to several cases of withdrawals, amendments and rejection of patent

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Hahnemann alleges Trademark Infringement of Homeopathic Medicines

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The readers, who are inclined towards favoring homeopathic medicines over other forms of treatment, may find the following case to be of interest. The matter essentially involves a trademark infringement and is titled Hahnemann Laboratory Ltd. & Ors. Vs. The Hahnemann India Laboratories (BN) & Ors. that has been decided on February 3, 2012. In this case, petitioner had alleged infringement of its trademark ‘Arnimax’ coupled with a trade dress (silhouette of a lady with black hair, for which the

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India alleges Russian Dilution of GI in Darjeeling, Assam and Nilgiri Tea

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The readers will undoubtedly aware of the popularity enjoyed by certain products in India that have been granted protection under the special tag of geographical indication (GI). Darjeeling, Assam and Nilgiri teas are prime examples of such GIs that have achieved global popularity by way of export and are extremely valuable sources of foreign exchange earners for India. For those who are unaware, GI protection is accorded to products made in or originating from a specific region as recognition of

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Ranting on the confused concept of ‘IPR’

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As one browses through the current affairs of the intellectual property world, definite trends and patterns are easily noticeable. International IP institutions continue to work towards upward harmonization – more stringent standards. More awareness campaigns are being spread to inform people about intellectual property rights and their value. While intellectual property rights are getting more standardized and harmonized, I often wonder something more fundamental. Why should they be – in any sense? I know how it’s happening – a few whispers

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Guest Post: Unveiling the Link: CSIR and Indian Intellectual Property Office

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I recently invited Mahima Rathi, a fourth year student at the National Law University, Jodhpur to write a guest post for us on her research into the Traditional Knowledge Digital Library (TKDL). Mahima had earlier left several insightful comments on the previous TKDL posts and I think it is safe to conclude that given the depth of her research into the topic she can easily write a book on the TKDL.  Mahima’s post, below, explains how although CSIR and the

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