August 2017

Trade Marks and Charitable Organisations

/ By / Trademark

I had earlier written on the trademarks obtained by Missionaries of Charity. In the absence of reliable data, I had made several conjectures and therefore, the whole picture was not set out. At this juncture, we are lucky to carry an article written by Ms. Latha R. Nair, one of the top IP lawyers of the country, on Trade Marks and Charitable Organisations. She is a partner with the IP boutique, K&S Partners and has blogged many a times for […]

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The Privacy Case – Looking Past Semantics

/ By / Privacy

We are pleased to bring to you a guest post by Jaideep Reddy on the ongoing SC case on right to privacy. Jaideep is a technology lawyer at Nishith Desai Associates. The views expressed in this post are personal. We had earlier published a few snippets of an article co-authored by him on problems of delegated legislation/executive action here.   The Privacy Case – Looking Past Semantics Jaideep Reddy Next week, the Supreme Court is expected to answer the question that

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Delhi HC Imposes Cost on Nitish Kumar for Abuse of Process of Law

/ By / Copyright

While Nitish Kumar has got away with the wiliest of political manoeuvring in the recent past, the Delhi High Court has caught him off-guard with a move of its own. In its order dated August 2, 2017, the Delhi High Court has imposed cost of Rs.20,000 on  the Bihar Chief Minister for filing a frivolous application in a copyright infringement suit. The interlocutory application by Nitish Kumar under Order I Rule 10(2) of the Code of Civil Procedure, 1908, seeking

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SpicyIP Events: NLU Delhi’s Workshop on SEPs: Patents and Antitrust Issues in the High-Tech World

/ By / Event

We are pleased to announce that the Centre for Innovation, Intellectual Property, and Competition (CIIPC) at National Law University, Delhi is organising a one-day workshop on Standard Essential Patents: Patents and Antitrust Issues in the High – Tech World by Prof. Jay Kesan and Dr. Kirti Gupta. The workshop will be held on August 26, 2017 (Saturday) from 10:30 a.m. to 4:00 p.m at India Habitat Centre, New Delhi. The deadline for sending applications is August 20, 2017. For further details, please

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Now Available on eBay: Trademark Bullying!

/ By / Trademark

Stop me if this tale sounds familiar. A sturdy bully, replete with well-chiseled muscles and a nasty left hook believes he owns every inch of the playground. Every single iota of space. Let’s call the bully, ‘aBhay’, for the sake of this clearly fictional tale. Right from the swing-sets to the see-saws, the merry-go-rounds to the Ferris wheels, aBhay assumes dominion over it all. Note how I said ‘assumes’? The reason being that originally, the bully wasn’t granted the entire

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Delhi High Court Has Liberally Applied Time Incorporated to Award Punitive Damages Even After Justice Bhat Over-ruled It

/ By / Others

Subsequent to one of my earlier posts on how the Delhi High Court had continued to apply the over-ruled judgment in Time Incorporated v. Lokesh Srivastava, I received a comment informing me that the Delhi bar was well aware of the judgment and that it was cited regularly at the Delhi High Court. So I did some research and published on Live-Law a list of 25 judgments where the Delhi High Court had continued to cite Time Incorporated v. Lokesh

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SpicyIP Weekly Review (August 7-13)

/ By / Others

This week’s thematic highlight is a guest post by Mr. Adarsh Ramanujan, who is an advocate with Lakshmikumaran & Sridharan, New Delhi. Adarsh discusses the recent amendment to Implementing Regulations to the European Patent Convention (EPC). The amendment makes plants and animals that are exclusively obtained through an essentially biological process, non-patentable. He notes that although the amendment is significant for the EU, given that prior to the amendment such plants and animals were patentable, this has limited implication for India. He

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Delhi HC Order Clarifies Aspects of Section 17 of the Copyright Act

/ By / Copyright

Last Friday, the Delhi High Court passed an order in the case of Neetu Singh v. Rajiv Saumitra (order available here). This is a very interesting case, not only because of the unique fact situation, but due to the questions of copyright law that it throws up. I see this case as important as it provides clarity on how to tackle the question of ‘employment’ under Section 17 of the Copyright Act. Factual Background The Plaintiff filed this suit seeking

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Madras High Court Issues ‘Ashok Kumar’ Order to Block the Internet Archive + 2649 Websites

/ By / Copyright

  In yet another instance of overbroad and disproportionate online censorship, 2650 entire websites have been ordered by the Madras High Court to be blocked, nation-wide, as an interim measure against the infringement of copyright of certain films. The Madras HC, on July 21, 2017 and August 2, 2017, ordered an interim injunction against several Internet Service Providers (ISPs), in a case of copyright infringement, directing the ISPs to disable access to websites upon the plaintiff’s request, including, perplexingly, the

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What’s All the Fuss About in India, Concerning the EPO?

/ By / Patent

We are extremely pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an Advocate with Lakshmikumaran & Sridharan, New Delhi, primarily assisting clients as a litigation attorney. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. A major portion of his time is spent, practicing in the areas of IP & Technology Laws as well as in International Trade Law. His expertise also extends

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