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SpicyIP Weekly Review (October 1-7)


Divij brought this week’s topical highlight through his post on the recent case of Icon Health v. Sheriff Usman. In this case, the Delhi HC held that the presence of the defendant’s goods on intermediary platforms such as Amazon, is enough to establish the court’s territorial jurisdiction. After briefly taking us through the facts and contentions, Divij notes that the Court has adopted a flawed reasoning for the above – especially in view of existing precedent laid down by the SC. Finally, Divij argues that the case has wide ramifications for disputes involving online intermediaries, and paves the way for forum shopping.

Our thematic highlight is Prateek’s synopsis of India’s performance in the Global Innovation Index Report, 2017. This is to be a sort of prologue to a more detailed analysis of the said report, which he will be bringing out in a few weeks. Through the course of his post, Prateek briefly introduces the report and the methodology adopted. He then summarises India’s performance – both in isolation, as well as in comparison with China, and the countries ranked highest and lowest on the Index.

Rahul carried an incisive post on a recent decision by the UKSC – where the court permitted criminal prosecution for trademark infringement of grey market products. This decision equally exposes sellers of counterfeit products and sellers of grey market products to penal consequences. Rahul argues that this decision indicates a recent trend among UK courts to adopt a pro-IP bias in their decisions. Further, he notes that although the Court in this case, attempted to bring about a balance between rights of TM owners and buyers – this balance cannot be recognized by resorting to criminal law.

Next, I wrote about the recent trademark dispute involving the popular ‘Sri Krishna Sweets’. Noting that the dispute records a trademark spat between two brothers, I trace the unique facts of the case. I, then, analyse the judicial treatment of family trademarks and also go over some of the unique arguments advanced by the parties – such as: the use of an oral license, and TM rights in India derived from joint venture agreements executed abroad.

Finally, I reported on the release of two new notifications by the Copyright Office. The notifications communicated the decision to publish on the Copyright Office website – (a) a list of applications under which work/documents are yet to be submitted, and (b) a month-wise list of all entries made to the register in the year 2016.

Other Developments

Indian

  1. Commerce ministry to write to finance ministry over GST exemption granted to food products unregistered under Trademarks Act
  2. Interesting Patent applications filed with the Patent Office
  3. Requests to access bio resources on the rise
  4. Gabather receives patent in India for l1001c triazoloderivat
  5. Right holders can commence action before Delhi HC for TM infringement occuring elsewhere

International

  1. BlackBerry’s patent strategy head exits, joins health tech firm
  2. Publishers take ResearchGate to court, alleging massive copyright infringement
  3. Congressmen Introduce CASE Act Bill Aimed at Helping Independent Creators With Copyright Claims
  4. Nokia gets trademark for a Boot-up tune in Europe
  5. Mounting criticism against Allergan’s patent deal with Saint Regis Mohawk Tribe

Sreyoshi Guha

Sreyoshi is a law student at Symbiosis Law School, Pune. Her favourite thing about Intellectual Property Law is Copyrights. She can usually be found doing one of three things: dog-earing her favourite pages of her books, looking up a Zomato menu, or day-dreaming of the day she'll finally meet John Mayer. She doesn't have any notable achievements, except probably that one time when she encountered a crazy pigeon, and lived to tell the tale. Send her your thoughts at: [email protected]

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