2014 – Page 47

Patent analytics apps and an infographic of the Indian Patent System

January 21, 2014 / By Swaraj Paul Barooah / Patent

Rubal Walia from Relecura sends us the infographic pictured below, on the state of Indian Patents by looking over data (sources mentioned in the note at the bottom) from the last few years. Their numbers indicate that while the number of patent applications has slowly been rising, the number of patents granted annually has decreased substantially. Those interested in patent analytics may also want to check out Bangalore/SF based Relecura’s mobile app which, to my knowledge, is one of only […]

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INTA’s 136th Annual Meeting

January 21, 2014 / By Swaraj Paul Barooah / Event, Sponsored

The International Trademark Association’s (INTA) 136th Annual Meeting will be held in Asia for the first time – in Hong Kong SAR, China on May 10-14, 2014. The Annual Meeting has made its mark as the largest and most dynamic IP and trademark event in the world. More than 8,500 professionals from over 140 countries are expected to attend. Five days of international trademark and intellectual property education sessions led by the most acclaimed IP professional in the world will

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Ghost Post: The myriad ways in which the Copyright Amendment Act, 2012 is being circumvented

January 18, 2014 / By Aparajita Lath / Copyright

We have an interesting ‘ghost post’ by a lawyer who practices with an IP law firm on the various ways in which the Copyright Amendments of 2012 can be circumvented. SpicyIP has previously covered some of the petitions that have challenged the constitutionality of the amendments here, here, here and here. The myriad ways in which the Copyright Amendment Act, 2012 is being circumvented Once upon a time, the film industry functioned on mutual trust; agreements (if any) were a mere formality.

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Guest Post: Delhi HC simplifies a complex Asana

January 17, 2014 / By Swaraj Paul Barooah / Copyright, Trademark

Sadhvi Sood brings us her third post in our 2nd Annual SpicyIP Fellowship applicant series. This post examines a recent Delhi High Court case wherein ‘pranic healing’, the phrase as well as techniques were claimed to be protected by trademark and copyright law respectively. You can view Sadhvi’s previous posts here. As a note for our readers, our application window for our Fellowship has now closed. We should hopefully be able to go through all the submitted applications and announce

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IPAB interrupts Patent Prosecution for Lack of Proof of Right

January 17, 2014 / By Anubha Sinha / Patent

The applicants in this case challenged the rejection of their patent application. One of the objections was “proof of the right should be filed”. The applicant however failed to produce any proof of right. S 7(2) of the Patents Act, 1970 requires for production of such proof, which was the core issue in this matter. In view of non-production of such proof, the IPAB dismissed the applicant’s challenge. Further, the IPAB directed the applicants to file an amended application with the

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Resurrecting the 6 year Rule in Indian Patent Law?

January 15, 2014 / By Aparajita Lath / Patent

The Delhi High Court recently passed an ex parte injunction order in 3M Innovative Properties Company v Venus Safety and Health Pvt Ltd (December 2013). This post looks into three aspects of the order: the court’s reliance on the outdated ‘six year rule’, the infringement analysis adopted by the court and the ‘ex parte’ nature of the order. The ‘6 year’ rule in Indian patent jurisprudence refers to a rule created in 1965 by the Madras High Court which laid

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A Matter of the Heart

January 14, 2014 / By Devika Agarwal / Trademark

In an interesting case, a “heart” is quite literally at the “heart” of a trademark dispute. Most recently, fashion house, Gap Inc. and fashion design company, Diane von Furstenberg (DVF) Studio, have approached a federal court in the Southern District of New York to decide whether the “heart emoticon” (<3) can be protected as a trademark [declaratory judgment complaint 13 civ 8943 (December 17, 2013)]. In the light of this development, it is worth exploring the trademark worthiness of emoticons and whether

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Guest Post: Is Nestlé Seeking a Patent over an Indian Home Remedy?

January 13, 2014 / By Swaraj Paul Barooah / Traditional Knowledge

In this guest post, Sadhvi Sood discusses reports of Nestle’s patent application for Fennel Flower (Kala Jeera) vis-a-vis the concept of traditional knowledge. This is Sadhvi’s second submission to our SpicyIP Fellowship series. You can view her first submission here. Is Nestlé Seeking a Patent over an Indian Home Remedy? Since time immemorial, home remedies have been used in India to effectively treat both quotidian health problems like the common flu and chronic diseases like sinusitis etc. When it was reported

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Guest Post: “Adaptation” of movies

Shashank Singh brings us his second submission for our Fellowship series. In this guest post, he looks at a topic we’ve often discussed on this blog in the past – The Hollywood to Bollywood script ‘diffusion’. You can view Shashank’s first submission here. Trend and Standard for judging infringement in ‘adaptation’ of movies Off late, Bollywood has been drawn towards remaking movies or re-releasing them with slight manipulation. They have also been accused of “heavily borrowing” scripts from Hollywood movies.

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Guest Post: When Man becomes a Brand

In this guest post, Deepshikha Malhotra, a 2nd year student from Faculty of Law, University of Delhi, raises some questions of what happens when a person becomes a ‘brand name’. This is Deepshikha’s first entry to our 2nd Annual SpicyIP Fellowship. [Note: We will be accepting submissions till 15th January] When Man becomes a Brand In our age of media and advertising, celebrities are paid crores just to endorse products. Their name or image is associated with the product and in

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