2014

IPAB snubs Assistant Controller of Patents, sets aside Pre-Grant Opposition Order against Abraxis

/ By / Patent

The IPAB has recently come up with a decision that calls into question the reasoning behind an order given by the Assistant Controller of Patents & Designs allowing a pre-grant opposition against an application for a pharmaceutical patent. Details of the case are provided below. While the merits of the patent application or the opposition posed thereto had not been discussed in this case, yet given the manner in which and the grounds on which the Assistant Controller’s decision seems […]

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Producers of ‘Youngistan’ accused of infringement

/ By / Copyright

  According to Bollywood Hungama, PepsiCo. sent a legal notice to the producers of the upcoming movie ‘Youngistan’ alleging copyright infringement of its tagline – “Yeh Hai Youngistan Meri Jaan”.  Livemint, in its report dated 20 February 2014, stated that PepsiCo had now moved court claiming trademark violation. According to the report, PepsiCo sought a permanent injunction against the release of the movie, which is expected to hit theatres on 28 March 2014. Also, the matter has been listed for

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Analysing the AFTI’s Report for the Special 301 Investigation

/ By / 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

/ By / 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)

/ By / 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!

/ By / 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?

/ By / 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

/ By / 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

/ By / 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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