2014

A Look Back, As We Step Into 2014

/ By / Others

As we wish our readers a warm and fulfilling year ahead, we’d like to take this opportunity to glance back at the year that was. From the Novartis decision to the Marrakesh Treaty, from our new website to Aparajita’s legal notice – 2013 was certainly an eventful year for both the IP landscape as well as for our blog! SpicyIP Highlights: The year started off with some great news for the blog with Barry Sookman ranking SpicyIP as the 8th most […]

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Misinformation campaign over Kibow litigation continues

/ By / Patent

A few months ago we had carried this post pointing out how several newspapers had misreported the status of the patent litigation between Kibow and a Gujarati company by the name of La Renon Health Care Pvt. Ltd.  At the time we pointed out how several of the newspapers had only pointed out how the IPAB had revoked one of Kibow’s patents without highlighting the fact that the IPAB had actually upheld the more crucial patent. After this initial round

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Interpreting S. 28 of the Trademark Act: Delhi High Court

/ By / Trademark

The normal rule in trademark law is that once a person registers a trademark for particular goods, he has the exclusive right to use that trademark in relation to those goods. As with most rules there are exceptions: one exception provided to this general rule under the Trademark Act, is when there are two or more registered proprietors of the same mark. In such a situation, neither proprietor can claim exclusivity against the other. However, what the exception does not

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Event: CPhl’s Pharma IPR, 2014

/ By / Event, Patent, Sponsored

CPhI’s 3rd Annual Pharma IPR 2014, is a very targeted conference focusing on patent related matters for Pharma and Biopharma Industry across the globe. It is an ideal learning and networking platform where techno-legal experts from patent law firms across the globe share an update on patent regimes, changes in patent laws, and enforceability of patent laws in different regions with the Pharma and Biopharma companies. The exclusive interactive format of the programme facilitates addressing of recent case laws, intense

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Guest Post: Monopolizing generic terms?

/ By / Trademark

Sadhvi Sood, a 3rd year student of NUJS, brings us her first entry to our SpicyIP Fellowship applicant series. Sadhvi’s post notes a recent Madras High Court decision which denies the term “Aachi” trademark protection and then goes further into instances where products and taglines used by companies and celebrities are such that they may end up monopolizing generic terms.  Readers who are interested in this post/topic may also want to check out the discussion going in the comments section of

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Guest Post: Gamers Beware!

/ By / Copyright

We bring you a guest post from Shashank Singh, a 2nd year student from NUJS. In this post, he looks at Youtube’s new “Content ID” mechanism of checking videos for copyright infringement. This is Shashank’s first entry to our 2nd Annual SpicyIP Fellowship applicant series. Gamers Beware! Youtube’s introduces ‘Content ID’ to enforce copyright policy. Statistics reveal that over 100 hours of video are uploaded on Youtube every minute. For generating content, Youtube incentivises uploading videos by monetizing the video

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Section 8, Patents Act and the requirement of willfulness

/ By / Patent

In a momentous decision with significant ramifications for patent prosecution in India, the Delhi High Court has effectively read in “willfulness” into Section 8. Early last month, the Delhi High Court issued an order that narrowed the scope of its ruling in the 2009 case of Chemtura Corporation v. Union of India. In Chemtura, the Delhi High Court had ruled that the requirement to disclose information regarding pending foreign applications was a mandatory requirement under S. 8, Patents Act, 1970.  The

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Breaking News: GI Registry allows Six Oppositions of Madhya Pradesh against APEDA’s Basmati GI Application

/ By / Geographical Indication

In a recent decision passed issued December 31, 2013, the Geographical Indications Registry has allowed six oppositions by Madhya Pradesh-based parties, namely Madhya Kshetra Basmati Growers Association, Narmada Cereals, Daawat Foods, SSA International, Madhya Kshetra Basmati Exporters Association and the State Govt. of Madhya Pradesh, to APEDA’s application for GI on Basmati (Application No. 145 in Class 30). APEDA’s application covered only the states of Punjab, Haryana, Delhi, Himachal Pradesh, Uttarakhand and parts of Uttar Pradesh and Jammu and Kashmir.

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Searching for FRAND in FRAND valuations – Part 3 / 3

/ By / Competition Law, Patent

Continuing from my previous posts (part 1, part 2) this post analyses various aspects of a F/RAND scheme and suggests certain aspects that could be incorporated into a F/RAND licensing framework.  As such this an academic post, and builds on several concepts introduced in the Motorola v. Microsoft decision and the Innovatio IP Ventures case.  More importantly, the framework described in this post tries to balance the stakes between the IP holder and an IP implementer. One feature (distributed infringement)

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2013: Controller’s decisions at the IPO

/ By / Patent

2013, like the preceding years, reflects the major developments made at our patent office.  2013 saw the initiation of publishing and inviting comments on various issues like those on computer related inventions, and on examination of biotechnology applications.  Several drives were conducted to clear pending trademark applications and concerns.  One major development was that our patent office started functioning as an International Search Authority, and as an International Preliminary Examination Authority.  Besides initiating and managing these developments, the Controllers at

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