2016

UGC Requests Varsities to Provide IPR as an Elective Course

/ By / Others

This piece is to bring to your attention a notice published by the UGC, requesting universities and affiliated colleges to provide Intellectual Property Rights as a part of their elective system. Electives are courses which students can elect for, as opposed to mandatory courses. The notice is signed by the UGC Secretary Jaspal S Sandhu and addressed to all vice chancellors. I am reproducing the text of the notice for your convenience over here. “ Creations of mind such as […]

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Mischief Managed(?): Bombay High Court upholds Plaintiff’s privilege to sue in its place of registered office sans cause of action

/ By / Copyright, Trademark

The Bombay High Court has decided in a recent judgment that the Supreme Court’s landmark decision on jurisdiction in IPRS v. Sanjay Dalia cannot be read in such a way as to curtail the plaintiff’s privilege to pursue a suit in the area where the plaintiff has its registered office. Justice Gautam Patel has observed that this rule is applicable even when the plaintiff has a subordinate office in the place where the defendant is carrying on business and where

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Update on Microsoft’s run in with Bombay HC: Microsoft to enter into consent terms

/ By / Copyright

Earlier this week, Prashant had reported about Microsoft getting pulled up by Justice Gautam Patel of the Bombay High Court for misleading him into granting in an Anton Piller order. Readers may recall that Microsoft was chastised for its “false suggestions” and “gross suppression” in its pleadings to the Court in the case, which involved an allegation of illegal use of Microsoft’s software by the Defendant, Girnar Software Pvt Ltd in its computer systems. The Court had then given Microsoft

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Roche & Biocon sue each other for contempt in Herceptin biosimilar case while Roche and Hetero squabble over judge in Avastin biosimilar case

/ By / Drug Regulation

The ongoing biosimilar litigation between Roche and Indian generic companies is becoming more contentious with every passing day. ET’s Prabha Raghavan reported on July 15 that both Roche and Biocon are now suing each other for contempt before the Delhi High Court. As Rahul had reported earlier over here, Justice Manmohan Singh had passed orders in an earlier litigation restraining Biocon and its partner Mylan from using the name Herceptin (or associated Indian trademarks) while marketing its drug although he

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The Intricacies of an Innocent Curve

/ By / Trademark

The Bombay High Court in Reliance Industries Ltd v Concord Enviro Systems Private Limited recently dismissed a trademark infringement suit filed by Reliance against Concord Enviro Systems. Read on for a complete analysis by Akshata Ankolekar, an associate at Solomon and Roy, Intellectual Property Services . FACTS The Plaintiff, the largest private sector corporation in India is the registered owner of’ ’ (hereinafter referred to as the ‘R Logo’) under various classes including Classes 7, 9 and 11. The Defendant

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SpicyIP Weekly Review: July 11th to 17th

/ By / Others

We have two amazing posts making this week’s highlights: the first by our guest Harshavardhan Ganesan and the other by Balaji Subramanian. For the first highlight, Harsha brought us his insightful take over the blossoming of an unfortunate relationship between tragedies and trademark. He starts off with a brief account of the opportunistic attempts to trademark BREXIT for beer and laments over similar attempts in relation to terms, such as JE SUIS CHARLIE, which are associated with tragic events. Similarly, he also

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The Big Mc-Mac Wars- I: EU General Court Brews the Perfect Coffee for McDonald’s

/ By / Trademark

(This post has been co-authored by Pankhuri Agarwal. She has recently completed her LL.M. in IP law from the National University of Singapore)   Background In a ruling that potentially provides McDonald’s, the U.S. fast food giant, with the exclusive right in Europe Union (EU) over the use of trademarks ‘Mc’ and ‘Mac’ for food  and beverages, the EU General Court, in Future Enterprises Pte Ltd v. EUIPO & McDonald’s International Property Co. Ltd, has earlier this month held that

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Justice Patel lambasts Microsoft for suppression and false suggestions in Anton Piller lawsuit – then offers mercy

/ By / Copyright

In an order passed recently on July 15, 2016; Justice Gautam Patel of the Bombay High Court has lambasted Microsoft Corporation for misleading the court into granting an Anton Piller order on the basis of “false suggestions” and “gross suppression” in its pleadings. As our readers may be aware, Microsoft regularly sues Indian companies for copyright infringement of its software. The usual tactic is for Microsoft or its law firms or its agents like Deloitte to engage investigators to scout

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Bombay HC’s Latest Ruling on John Doe Creates a Jurisprudence of Doubt

/ By / Copyright

As our readers would recall, we had covered the issuance of two John Doe Orders by Justice Patel of the Bombay High Court that were circumscribed by robust safeguards a couple of weeks ago. Justice Patel unequivocally recognized the proposition that John Doe orders must be based on concrete and precise information and must be narrowly tailored to block specific URLs in contradistinction to entire websites. After a round of cautionary views on this blog (here and here), he also

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The Clash of the Titans: Bajaj v TVS once again!

/ By / Patent

The motorcycle mega houses, Bajaj and TVS are at loggerheads yet again. The two companies are currently fighting it out over patents as well as disparaging advertisements. This post shall explore the recent developments in this controversy. In 2007, TVS filed for a patent for its invention titled “Shock Absorber with helper spring” which Bajaj opposed. The Chennai Patent Office, in the pre-grant opposition found in favour of Bajaj and refused the patent filed by TVS. The orders of the

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