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SpicyIP Weekly Review (28th July to 2nd August)


spicyipREVOur first post of the week was the SpicyIP highlight of the week, with Spadika reporting on the order of the CGPDTM dismissing an application by the IPAA challenging an earlier office order disallowing amendments which seek substantial alteration in the registration of trademark. The dismissal was on the grounds that prior to the order, the option of amending the application had been amenable to misuse, and restrictions on amendment are required in order to protect the bona fide rights of continuous use of the trademark by rivals in trade.

Devika followed up with a tidbit on how the Copyright Office issued a notification stating that the online facility for filing of copyright applications has been launched from 17/2/2014. The counter would be closed from the 1/8/2014 onwards in an attempt to increase online filings.

Shamnad sir posted next with a comment on the order of the CGPDTM covered by Spadika’s post. He points out that the decision was representative of a process by which even in executive actions, there is a “judicialising” of the process wherein parties are heard and a speaking order is delivered. He then examines the merits of the order and concludes that on various grounds the CG’s reasoning is wanting.

Our last post for the week was a guest post by Mr. Chander M. Lall, founder of Lall & Sethi and the arguing counsel in the matter before the CGPDTM, mentioned above. He analyses the order passed by the CGPDTM and points out various instances where the order can be found lacking. Mr Lall’s sense of humour and interesting analysis makes this post an interesting read.

International Developments:

  1. The IPKat reports that the UK’s Copyright Exceptions will come into force for private copying and parodying from the 1st of October 2014. IP Watch however reports that some stakeholders feel that this will hurt creators and is considering legal action.
  2. In a move that would come as a nightmare for some students, the Polish Parliament is considering introducing IPR Reform to make it mandatory for higher educational institutions to run work submitted by students through a plagiarism checker. (IP Watch reports)
  3. PatentlyO has published a graph of number of patent cases decided by SCOTUS in every decade since the 60’s. It looks like the current decade has seen the most patent litigation.
  4. FOSS Patents reports that the smartphone wars are on in full swing with Microsoft suing Samsung for Android royalties – however as a breach of contract and not as an infringement case. (Interesting strategy this).

Domestic Stories:

  1. Ms Prathiba Singh in an article written on the ET, argues that the rising number of IP cases filed in our country busts the myth that India is an unfriendly country for IP.
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Thomas J. Vallianeth

Thomas is a final year law student at the National Law University, Jodhpur pursuing a B.Sc. LL.B. (IP Hons.) course. His first exposure to IP law was at a workshop that he attended in High School and ever since then, he has pursued a keen interest in the field. However, his real interests lie in the interfaces between Technology Law and IP, with an active interest in the Open Source movement.

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