March 2015

SpicyIP Weekly Review ( March 15 – March 22, 2015)

/ By / Others

The SpicyIP Highlight of the Week ! In this week’s Highlight, Kartik analysed and discussed in great  detail the recent judgement in the Telefonaktiebolaget LM Ericsson v. Intex case delivered by Justice Manmohan Singh of the Delhi HC, where Ericsson had been granted an injunction against Intex for any devices that infringed upon Ericsson’s eight Standard Essential Patents – we had earlier reported on the case  here and here. In the course of this post, Kartik analyses point by point the […]

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The ‘Cafe Madras’ Controversy

/ By / Trademark

Some of our readers who have ventured out into Matunga, Bombay might have come across ‘Cafe Madras’, a restaurant serving Udipi Cuisine. Last week the Bombay High Court delivered judgment over a trademark dispute filed by ‘Cafe Madras’  against Lime &Chilli Hospitality Services who have opened up their own Cafe Madras in Bombay. In an exceedingly well written judgment by Justice G. S. Patel (the judgment is worth a read for the literary flourish in addition to the well reasoned

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Ericsson v. Intex, Part 1 – SEPs, Injunctions, and gathering clouds for Software Patenting?

/ By / Patent

In the recent judgment by Justice Manmohan Singh of the Delhi High Court in the case of Telefonaktiebolaget LM Ericsson v. Intex, Swedish telecom giant Ericsson was granted an injunction against Intex for any devices that infringed on the eight Standard Essential Patents that are part of Ericsson’s portfolio. The Court also ordered Intex to pay 50% of the royalties from the filing of the suit to Ericsson. We had covered this issue earlier here and here. The Court has

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Shemaroo Entertainment secures a curious John Doe from Bombay HC

/ By / Copyright

 Entertainment industries everywhere around the world tend to put in years of hard effort and monetary investments to being their creations to the audiences.  Speaking of the Bollywood Industry, there’s a clear divide between works and ‘works of art’ – every time you give your eyes the unsolicited pleasure of watching an Aap Ka Suroor or Bodyguard, you think the bar can’t fall any lower, and come Happy New Year, you’re forced to reconsider your earlier affirmations. However, regardless of

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IPR Workshop on Patent Strategies in EU for Pharma and Biotech [April 30, 2015 (Hyderabad)/ 1 May, 2015 (Mumbai)]

/ By / Event

Professor Heinz Goddar, Senior Partner, Boehmert & Boehmert and his colleagues are conducting two one-day workshops that will provide comprehensive insight into recent developments at  the European Patent Office and case law. This will be followed by analysis and practical considerations on how the law affects claim and specifications in Europe, with specific reference to Germany.  The workshop will be held in Hyderabad on April 30, 2015 and in Mumbai on May 1, 2015.               . The

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Tribunals in Troubled Waters: Highlights of the IPAB Decision

/ By / Patent, Trademark

Continuing from our earlier post breaking the news of the Madras High Court striking down key provisions of IPAB appointments as unconstitutional, we’ve now uploaded the actual text of the order here. Here are some of the key highlights of the decision (warning: long post follows) 1. Independence of the Judiciary/Separation of Powers The court agrees with the main thrust of our petition that the current composition of the IPAB (and the eligibility criteria) poses a grave threat to the independence of

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SpicyIP Weekly Review (March 8–14, 2015)

/ By / Others

In the highlight of this week, Shamnad Sir reported a victory in his writ petition before the Madras High Court which challenged the constitutionality of provisions relating to the Intellectual Property Appellate Board (IPAB). In this first round, which started in 2011, critical provisions of the Trademarks Act which provide for the establishment of the Board were struck down as unconstitutional. Shamnad Sir wrote that the Court held the provision providing for government officers to be elected as judicial members

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Basmati Developments- BGA appeal and impleading

/ By / Geographical Indication

The legal developments surrounding the conferring of GI status on Basmati goes years back. For a back story of the whole issue, Prashant’s post is available here. (A full list of all of our posts relating to Basmati is available here) A quick recap to provide context for the current development:-  The litigation relating to Basmati was triggered off in 2009 when the Agricultural and Processed Foods Export Development Authority (APEDA) applied for conferring GI tag on Basmati rice grown in Punjab,

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The Tobacco Plain Packaging Controversy 2.0

/ By / Trademark

Are you a smoker? Do you see the vomit inducing imagery to your left ? Do you think you’d feel like buying a cigarette box that looks like that ? No ? Well that’s how you know plain packaging works. (very long post follows) With its 2011 passage of the Tobacco Plain Packaging Act(TPPA), Australia took a landmark step on the tobacco control front. It forced all tobacco companies to ensure their cigarettes are packaged in standard olive green boxes, with

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Cutting off the nose to spite the face: Tamil film industry to halt movie releases to “combat piracy”

/ By / Copyright, Others

In one of the most bizarre cases of copyright-maximalism we’ve encountered so far, it appears that the Tamil Film Producers’ Council has discovered a new solution to the problem of movie piracy: stop releasing movies altogether. At a meeting on Sunday, apparently, the Council came to the resolution that the only way to stop movie piracy was to halt movie releases for a three-month period. This is especially problematic, given that Tamil Nadu is one of the states that have

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