Monthly Archives: May 2015

Patent Trademark

Madras Bar Association- NCLT constitutionality


Earlier this month, the Supreme Court of India (Constitution Bench) came out with a judgment that dealt with the provisions of the Companies Act, 2013 dealing with the National Company Law Tribunal and the National Company Law Appellate Tribunal (‘NCLT’ and ‘NCLAT’ respectively) This is a sequel to an earlier judgment (of the SC in 2010; (2010) 11 SCC 1) in which the Court had considered the constitutionality of the NCLT and NCLAT under the Companies Act, 1956. There were…


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Copyright

Moral rights of Artists


Prof. Mira Sundara Rajan, Professor of IP Law at the University of Glasgow, recently wrote a guest post in IPKat, regarding the right of attribution under US copyright law in the context of the Maya Angelou stamp released by the US Postal Service. The US Postal Service had released a commemorative stamp of Maya Angelou with the accompanying quotation: ” A bird doesn’t sing because it has an answer, it sings because it has a song.” The US Postal service…


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Patent

Guest Post: Interrogating Interim Injunctions: The Curious Case of Standards for Ex Partes


Here’s the second of Saahil Dama’s guest posts on interim injunctions in patent cases. Here, he examines cases in which the judiciary has attempted to lay down safeguards against the misuse of ex parte orders. [Warning: This is a fairly long post.] Saahil is a student at National Law University, Jodhpur. He is currently in the fourth year and is pursuing Intellectual Property Law Honours at the University. You can find his previous post here. Interrogating Interim Injunctions: The Curious Case…


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Patent

Guest Post: Interrogating Interim Injunctions: The Difficulty in Getting Vacations


Continuing in our series of posts highlighting the inequity of interim injunctions in patent cases, here’s a guest post from Saahil Dama. Saahil is a student at National Law University, Jodhpur. He is currently in the fourth year and is pursuing Intellectual Property Law Honours at the University. Interrogating Interim Injunctions: The Difficulty in Getting Vacations By Saahil Dama In furtherance of our I-3 series, I’ll be writing a short post on the case of Microsoft Corporation v. Dhiren Gopal…


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Patent

Interim Injunctions in Pharma Patents: Busting the Price Erosion Myth


As part of our new series interrogating interim injunctions, I profiled the Vifor-Symed dispute over iron carboxymaltose. I lamented the fact that over forty-four months since the ex parte interim injunction was issued, arguments over the validity of the order were still pending. Some of the anonymous comments on that post were extremely insightful, questioning the assumptions on which this series of posts was premised on. Here, I attempt to counter one such argument advanced in the comments – the…


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Trademark

Del HC judgment on SRF Foundation & Anr v. Ram Education Trust


The point of law reiterated in this judgment is no longer res integra. However, from a pragmatic perspective, this judgment is a case-in-point on the implications of ‘delay’ in ‘passing off / trademark’ interim injunction applications (in spite of the existence of a strong case in favour of the plaintiff).The judgment also offers a discussion on the jurisprudential foundation of ‘interim injunctions’. Background The Delhi HC decided upon interim applications filed under Order XXXIX, Rule 1 and 2 of CPC…


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Competition Law Patent

iBall v. Ericsson: CCI Continues to Toe the Line Amidst Judicial Ambiguity


In yet another Order where the CCI continues to be insistent on exercising jurisdiction in SEP matters, the Commission, proceeding from a complaint by iBall, directed the DG to complete an investigation against Ericsson. This adds to jurisprudence that shows the CCI as being adamant to exercise jurisdiction in matters where there is genuine confusion as to its reach. In 2011, Ericsson issued a letter to iBall making clear its belief that its patents, which were directly relevant to iBall’s…


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Sponsored

Job Vacancy at Sujata Chaudhri IP Attorneys


This is to inform our readers of a job opening at Sujata Chaudhari IP Attorneys. Details are as follows. Sujata Chaudhri IP Attorneys, an IP boutique, located in NOIDA is looking to hire an attorney to handle contested matters. Ideal candidate should have between 3-5 years of solid trade mark (and copyright) experience at a law firm. Preferably the candidate should have experience handling litigation matters and contested matters at the Trade Marks Registry and the Intellectual Property Appellate Board….


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Others

SpicyIP Weekly Review (May 18 – May 24)


This seems to have been quite the active week for us, with a lot of news coming in, and an important announcement! Our ‘Highlights of the Week’ are quite definitely Rupali’s excellent three-part post on Interim Injunctions on the Symed ‘linezolid’ saga, and Shamnad Sir’s announcment. Rupali starts off by giving us the background of the issue, noting how Symed won three interim injunctions against Optimus, Sharon and Glenmark, with only the Glenmark one being vacated later. She then goes in-depth into…


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Others

SpicyIP Tidbit – Physics, Chemistry, Maths and IPR!


The Department of Industrial Policy and Promotion (‘DIPP’), it would seem, is exceedingly keen on the Draft National IPR Policy’s recommendation to introduce ‘IP teaching’ in educational institutions. Even though is still doing the rounds in the ministers’ offices for comments, after which it shall be placed before the Cabinet for its approval, DIPP is already holding talks with the National Council of Educational Research and Training (‘NCERT’) and the Central Board of Secondary Education (‘CBSE’) to introduce the subject into the school curriculum…


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