2014

Injunction Against OnePlus Vacated: Del HC Advises Caution While Granting Orders Without Hearing the Other Side

/ By / Trademark

If someone were to study injunctions and the law applicable to them, the SEP wars raging on in the Delhi High Court would provide some confusing perspectives. We had blogged a while ago about the injunction granted against OnePlus in a suit initiated by Micromax for the prevention of the breach of an exclusive license agreement with Cyanogen for the CyanogenMod OS. OnePlus appealed this before the Division Bench of the Delhi High Court which vacated the ad-interim injunction. Quite […]

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SpicyIP Review (7th to 20th December, 2014)

/ By / Others

The period with Xiaomi’s injunction, appeal and Bayer’s SLP It is only fitting that I begin a Review of this eventful period with the highlights. Gopika reported on what is our first highlight, the ex-parte injunction granted against Xiaomi in a suit filed by Ericsson for alleged infringement of their SEP portfolio. Gopika points out that there are reasons why restraint from granting an injunction in this matter would have perhaps been a better course. Xiaomi had also appealed the

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Merry Christmas. We have news!

/ By / Copyright

Christmas is a season for celebrating hope.And oh boy, we have hopeful news for you. The famed DU copyright case (complete with its own excellent Christmas jingle) has crossed the stage of arguments in the Delhi High Court. We await the judgment from Justice Endlaw, hopefully in early 2015. It is interesting to ponder on the fact that the injunction in this case was granted in 2012.Therefore, this injunction has been in force for over two years while arguments continued.

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National IPR Policy 1st draft is out

/ By / Copyright, Innovation, Others, Patent, Trademark, Traditional Knowledge

The Department of Industrial Policy and Promotion (DIPP) has put up the 1st draft of the National IPR Policy submitted by the IPR Think Tank chaired by Justice Prabha Sridevan. The draft, dated 19th December, appears to have been uploaded today. Presumably the ‘confidential’ tag that it displays no longer applies. While I’ve only been able to glance at it so far, it does appear to be a balanced document and a positive step forward. We shall bring you a

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Patent extinguished due to non payment of annuity

/ By / Patent

I used to think ‒ ‘he said, she said’ ‒ the classic ‘blame game’ rooted in miscommunication ‒ was the exclusive domain of love stories of 20 year olds. Apparently not. This blame game seems to have transcended from whimsical love stories to graver issues of patents. I was reading ‘IP Expressions’ and it is clear that payment of fees by the patentee, to keep his patent alive, has been around for eons! But this seemingly harmless administrative procedure has

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“IP Expressions”: New Technical Magazine Released by India’s IP Office

/ By / Others, Publication

 The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) released in September a technical magazine titled ‘IP Expressions’. The first volume comes with a message by the Joint Secretary Mr. D.V. Prasad, that the magazine has twin objectives- to enhance awareness of IPRs and inculcate a culture of innovation. The first volume of the magazine has articles on topics ranging from the history of the Indian patent system, IP cooperation under SAARC, Patents and the Pharmaceutical Industry,

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Parents Beware: ShriRam School Trademark Dispute

/ By / Trademark

Parents would never have dreamt that their sad lot would feature in an IP post 😉 As if spending sleepless nights mulling over school admissions for their children was not enough, parents now have the added woe of trying to identify which school is the original and reputed one! With alleged copycats floating around – making parents’ lives more miserable! Would you be deceived into thinking that ShreeRam World School is in some way associated with Shri Ram School? Well,

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Guest Post: The Twelve Gifts of a National Intellectual Property Policy

/ By / Copyright, Innovation, Others, Patent, Trademark, Traditional Knowledge

In a recent post here, we had unveiled the Baseline Draft National IP Policy that I opined, though later mysteriously discarded, was a very well thought out document. We’re delighted to bring to our readers a fantastic guest post by Prof Sivaramjani Thambisetty with further thought on what a National IP Policy ought to consider. Prof Thambisetty is an Associate Professor of Intellectual Property Law at London School of Economics and Political Science, as well as a long time friend of the blog. As

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Patents, Price Gouging and the Enduring Enigma of Drug Costs

/ By / Innovation, Patent

In a post yesterday, I expressed my bewilderment at the closure of India’s first (post TRIPS) compulsory licensing dispute by the apex court which, while refusing to admit Bayer’s appeal, curiously noted that it was leaving the “questions of law” open. Jagdish Sagar, an IP practitioner and thought leader noted in the comments section that: “I share your puzzlement, but this is not the first such gnomic order that I have seen.” Investment Protection for Drug Originators: Mandatory Submission of

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David Turns Goliath? Looking at Micromax’s injunction against OnePlus

/ By / Copyright, Trademark

In the latest twist to the smartphone wars, Micromax received an order (not ex-parte this time thankfully) in its favour restraining OnePlus from selling devices in India with the CyanogenMod Core Operating System and the CyanogenMod TM. The Android Operating System (“OS”) is customisable, so companies like Cyanogen make modifications to the stock Android OS and distribute it under their names and Trademarks. CyanogenMod OS is one such modification that Cyanogen had initially by means of a non-exclusive license, licensed

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