February 2014 – Page 2

Analysing the AFTI’s Report for the Special 301 Investigation

February 20, 2014 / By Thomas J. Vallianeth / Copyright, Patent, Uncategorized

The Alliance for Fair Trade with India (AFTI) submitted a report to the Office of the Trade Representative of the United States as a part of the ongoing Special 301 investigation into India’s IP policies, that they perceive as prejudicial to US nationals. They recommended that India be listed as a Priority Foreign Country (PFC) in the investigation. A Special 301 report issued under S.301 of the Trade Act of 1974 attempts to identify countries that, “that (a) deny adequate […]

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GIPC IP Index: Propagating imaginary IP norms

February 18, 2014 / By Swaraj Paul Barooah / Copyright, Innovation, Patent, Trademark

One would expect that the US Chamber of Commerce would have enough funds to commission a thorough and well researched report whenever they were to do so. Yet, their GIPC IP Index 2014 is what I would call a thoroughly embarrassing example of research methodology, let alone something that can be passed off as a useful “international index”. Is it a coincidence that the report comes up with results that favour some of industries well known for their lobbying in the United

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Weekly Review (10th-16th February, 2014)

February 17, 2014 / By Spadika Jayaraj / Others

This week saw SpicyIP cover a wide array of topics. It began with Aparajita discussing in two different posts, Indian submissions made to the U.S. International Trade Commission’s decision to investigate India’s trade, investment and industrial policies and how it affects the U.S. Economy. The first post covered the submissions made by Professor Srividhya Ragavan (University of Oklahoma College of Law), Brook Baker (Northeastern University School of Law), and Sean Flynn (American University Washington College of Law) on issues pertaining to

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WAKE UP: IT IS COPYRIGHT INFRINGEMENT!

February 16, 2014 / By Devika Agarwal / Copyright

A recent Lay’s commercial starring Ranbir Kapoor has caught my fancy; Lay’s newest ad campaign is titled ‘Lay’s Best Buddies’ and the storyline of the commercials revolve around the “loveable rascal ‘Sid’” who was the protagonist of the 2009 film ‘Wake Up Sid!’ While the ad successfully captured the essence of the campaign, it got me thinking along the lines of whether this kind of advertisement strategy which is built around characters popularized in films, may inadvertently be infringing copyright.

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Was ‘Dumb Starbucks’ a Dumb Idea?

February 15, 2014 / By Spadika Jayaraj / Copyright, Trademark

Last weekend, residents and tourists in Los Angeles were surprised to see a new coffee shop called “Dumb Starbucks”. The logo of the store was an exact replica of the Starbucks logo, except with the prefix ‘Dumb’. The interiors and menu were done up in a way similar to Starbucks, too. The only difference was that everything on offer at Dumb Starbucks, was for free. The store became an instant rage on Social Media, and in a rather anti-climatic ending,

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To Endorse or Not to Endorse

February 15, 2014 / By Devika Agarwal / Copyright, Trademark

‘To endorse or not to endorse’- actors will now find themselves grappling with this question the next time they sign an endorsement contract. This is because the Central Consumer Protection Council (CCPC), the apex body for consumer protection in India, has now decided to hold actors accountable in cases of false claims made in advertisements for products which they endorse. This means that a consumer can now claim compensation for false claims, made in respect of a product, not only

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Registering Trade Marks Abroad Made Easy: Indian Government Releases Guidelines for Functioning Under the Madrid Protocol

February 13, 2014 / By Spadika Jayaraj / Trademark

Earlier last year, SpicyIP had reported that India officially joined the International Trademark System by depositing its instrument of accession to the Madrid Protocol. Prior to India’s accession, there was much debate and discussion regarding the amendments to be made to the Trademarks Act and rules, in order to give effect to the provisions of the Madrid System. Posts on the history of the Trademarks Amendment Act, 2010 and the debates surrounding the same can be found here, here, here

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Guest Post: It’s time for Real Action, Jackson

February 13, 2014 / By Swaraj Paul Barooah / Trademark

Shashank Mangal, a 4th year student from ILS, Pune, brings us a newsy tidbit relating to a Hollywood-Bollywood movie title clash. It’s time for Real Action, Jackson Warner Bros. has sent a legal notice to Baba Films asking them to change the title of their forthcoming movie ‘Action Jackson’ as its use will lead to infringement of their trademark which it claims is also valid in the sub-continent…. On February 4, 2014, Warner Bros. sent a legal notice (click here)

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Guest Post: Copyright – shield or sword against “revenge porn”

With the ever-increasing pervasiveness of technology into our lives, the law is often left lagging behind in terms of how it can deal with resultant issues. In this post, Sadhvi Sood, a 3rd year student from NUJS, examines whether copyright law can deal with one such issue – ‘revenge porn’. Copyright – shield or sword against “revenge porn” The recent phenomenon of “revenge porn” over the internet is representative of the conundrum that can be created when technological developments are

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Indian Pharmaceutical Alliance Submission to the USITC

February 12, 2014 / By Aparajita Lath / Innovation, Patent

The Indian Pharmaceutical Alliance has made a pre-hearing statement before the USITC with regard to its Indian investigation. The hearing is scheduled for 12 and 13 February 2014. In its letter requesting the USITC to initiate an investigation into India’s trade policies, the Senate and House Committees asked the Commission to prepare a summary of U.S. firms’ perceptions on Indian investment and trade policies. The Committees also said that they did not expect the Commission to make findings regarding the

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