2016

Udta Punjab: An IP Controversy [Part II]

/ By / Copyright

In Part I (read here), I explored the pre-release torrent leak of Udta Punjab and the orders passed by the Bombay High Court blocking these websites. In this very belated Part II, I shall discuss the ramifications of this torrent leak and the need to regulate TV channels via the Cable Networks Act. On 16th June, a Puducherry channel called Shakthi Cable TV telecasted the pirated version of the movie Udta Punjab. The full version of the movie was aired […]

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SpicyIP Weekly Review: July 18th-24th

/ By / Others

We have two topical highlights for this week: the first by Prashant and the second by Prof. Basheer. In his post, Prashant reported the Bombay High court’s reaction to Microsoft’s plea for an Anton Piller order. Here, the court lambasted Microsoft for misleading the court and presenting grossly incorrect and exaggerated figures or alleged copyright violations in order to obtain these orders. As per Balu’s update on the matter, the parties have decided to enter into a mutually agreed settlement.

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Narrow John Doe For Dishoom: New Balance?

/ By / Copyright

Three days ago, we brought you breaking news of the fact that Justice Patel denied Eros’ request for a John Doe order for the movie “Dishoom”. Eros took their shot again today (with a fresh request) and were  successful! As I’d highlighted, the previous application was denied on the ground that the plaintiffs had not bothered to authenticate or verify any of the alleged links (some of which pertained to legitimate sellers of DVD’s and trailers of the forthcoming movie). Leading

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The Olympics Blackout Period, Use of Athlete Attributes and IPRs- Part II

/ By / Trademark

In the second part of this post, I discuss the intent behind the controversial Rule 40 and the reasons for its amendment prior to the Rio Games. I also discuss how Under Armour is one of the first few companies which will benefit from the changes to the new rule. Finally, I will discuss India’s stance on Rule 40. Read on for more. Intent of Rule 40 Rule 40 was initially put in place to protect the ‘amateur’ status of

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The Olympics Blackout Period, Use of Athlete Attributes and IPRs- Part I

/ By / Trademark

It’s less than a fortnight to the Rio Olympic Games. This calls for a special post on IP and the Olympics. Did you know that rules surrounding the Olympic Games could, in the coming days, result in the latest Nike ad featuring Deepika Padukone being taken off air for a few weeks? If you haven’t already seen it, watch the ad here.  Read on as I delve into Olympic related IP aspects, particularly a controversial Rule 40 of the Olympic

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Plain Packaging and Investor-State Disputes: Part II

/ By / Trademark

  Picking up from my previous post, where I had examined Uruguay’s victory over Philip Morris in light of other successful plain packaging regulations; I now delve into the merits of the Philip Morris-Uruguay award, as well as examine the question of expropriation of trademark rights. For background reading on this issue, we have widely covered both International as well as Indian developments in plain packaging laws in the past. More specific to plain packaging in light of Investor State

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SpicyIP Events: International Patent Drafting Competition to be held by IIPRD

/ By / Event

SpicyIP is very happy to announce that the Institute of Intellectual Property Research and Development (IIPRD) is soon to conduct the International Patent Drafting Competition (IPDC) 2016! The IPDC has come to be after the success of the National Patent Drafting Competition (NPDC) 2015, which started as an initiative to spread awareness on patent issues whilst also seeking to enable practitioners to understand the essentials of patent drafting. The IPDC also hopes to promote the development of the skill of

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Tidbit: IPO revises patent application / RFE numbering scheme

/ By / Patent

In an office order issued some time back, our patent office streamlined the numbering of patent applications and request for examinations.  This numbering system came into effect from 1st January 2016.  The new numbering system is in line with global best practices. This new numbering system provides for patent applications having a 12 character numeric fixed length standard and applicable to all patent offices.  The 12 character numeric length also includes Year of Filing, jurisdiction, type of application, and application number. The

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Breaking News: John Doe Denied For Dishoom!

/ By / Copyright

In a significant development for both IP law and Bollywood, the movie Dishoom (starring John Abraham, Varun Dhawan and Jacqueline Fernandez) was denied a John Doe order by the Bombay high Court yesterday. This might perhaps rate as the first ever Bollywood movie where a John Doe order was denied in such strong terms (though the order leaves some scope for plaintiffs to return to court with a fresh application). In a scathing ruling that tore into the Plaintiff’s callous

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Tidbit: Patent agent exam will happen before December 2016

/ By / Patent

Our patent office in a recent posting on its home page, informed users that the patent agent examination is likely to be held before December 2016 and detailed information would be published on the official website after finalization of certain matters. This office has been receiving frequent queries regarding plan of conducting Patent Agent Examination. In this regard, it is clarified that same is likely to be held before December, 2016. Detail information regarding same will be published on official website

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