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SpicyIP Weekly Review (October 8-14)


This week’s topical highlight was Rajiv’s post on Quickcompany, an exciting new venture in the IP field. Quickcompany has collated all trade mark related data in India, and offers users the ability to undertake a variety of TM-related searches. It has also generated a report tracking trends in filings and registrations, and right holder preferences between 2008 and 2017 (till the month of July). Rajiv, in his post, has included said results, which make for very interesting reading.

The thematic highlight for the week is Matthew’s post analysing the 2016 Delhi High Court decision in Telefonaktiebolaget LM Ericsson v. CCI. On the issue of precedence between the Competition Act, 2002 and the Patents Act, 1972, the Delhi High Court had concluded that the Patents Act would operate as lexspecialis, overriding any effect that the provisions of the Competition Act would have. Matthew argues that the decision fails to account for purposive interpretation, and fails to consider the diluting impact this decision would have on competition law jurisprudence.

Earlier this week, I wrote a two-part post (here and here) on the Supreme Court’s decision in Union of India v. BCCI on broadcasters’ rights. The long running dispute between Prasar Bharti and broadcast rights holders came to a conclusion in late August when the Supreme Court ruled that Section 3, Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007, did not contemplate retransmission of broadcast signals for cricket matches to cable operators. I argue that the Supreme Court’s decision is not logically sound, and having ignored the copyright issue under Section 37, Copyright Act, 1957, it is also a missed opportunity.

Balu posted about a fun idea involving patents and playing cards that Kevin Prince, a patent agent and author, has come up with. There are four packs available, each with a different set of beautiful patent illustrations. More details about the cards can be found here.

Finally, Pankhuri announced the launch of a book on ASEAN IP law titled ‘International Intellectual Property and the ASEAN Way: Pathways to Interoperability’ edited by Prof. Elizabeth Siew-Kuan Ng of National University of Singapore and Prof. Graeme Austin of Victoria University of Wellington.

Other Developments

India:

  1. MSF challenges grant of patent for Pfizer’s pneumonia vaccine
  2. Delhi High Court issues order preventing HRCN Cable Networks from broadcasting T-Series films
  3. Delhi High Court issues ex parte injunction against trademark infringement by the holders of ‘TATA Safe Packers and Movers’
  4. Suven Life Sciences obtains New Zealand patent for its neuro-degenerative treatment drug
  5. Amazon files for a patent in India for its delivery drones

International:

  1. Qualcomm willing to change its patent model in the EU to further its takeover of Dutch-based company NXP Semi-Conductors
  2. General Court of the EU rules in favour of OIF in the OSHO trademark dispute
  3. Taiwan slaps $744 million antitrust fine on Qualcomm

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