We started 2019 with a bang-and quite a few interesting posts!
Thematic Highlight
We had an enlightening guest post related to the Mosanto v. Nuziveedu case. In her post, the author notes that the Delhi HC had relied on a number of European precedents to conclude that Monsanto’s claimed invention covering the Bt gene construct and a process for preparing the transgenic Bt Cotton plant amounted to an “essentially biologically process” (which is excluded under Section 3(j) of the Patent Act). She notes, however, that a recent European development casts doubt on this particular interpretation.
Topical Highlight
Prashant wrote about the Uttarakhand HC’s “flight of fancy” in a recent judgment, where they held that Divya Pharmacy would be subject to benefit sharing obligations under the Biological Diversity Act, as per which they would be required to make payments to the Uttarakhand State Biodiversity Board. The Court, in its judgment, noted the differential treatment meted out to Indian and foreign companies in this regard and concluded that it would be legally absurd to treat entities differently. Prashant, however, notes that such differential treatment is in accordance to India’s protectionist stance.
Other Posts
The yearly review of 2018 was co-authored by Rishabh and me, under the guidance of Prof. Basheer and Pankhuri. We listed out India’s top IP developments which have been covered on the blog. Our review has been divided into 3 sections: 1) Top Cases/Judgments Based on Topicality/Impact, 2) Top Cases/Judgments Based on Jurisprudence/Legal Lucidity and 3) Top Legislative, Policy-Related and Other Developments
Prof. Basheer wrote a brief and interesting post on the “Hakuna Matata” trademark controversy. The trademark is sought by Disney. In his post, Prof. Basheer deliberates on the allegations of cultural appropriation charged against Disney for the current ongoing controversy and previous instances. He further deliberates on the ability of the mark to be trademarked and the interplay between ethics and law.
Other Developments
Indian
News
- Bombay HC to decide if copyright can be claimed on traditional songs
- TI wins case against Malaysian firm
- Simmba Movie to carry a Disclaimer Clarifying Ownership of Trademark “Simba”, records Delhi HC
- Delhi HC grants interim injunction in case lodged by FMC Corp
- HC restrains Kent RO from using air purification company’s trademark
International
- Peru’s application on GI tag for Pisco accepted
- Judge rejects Ed Sheeran’s appeal of copyright lawsuit
- Japan Extends Its Copyright Protection to 70 Years
- Cartier lost a trademark battle over the word “love”
- Huawei files trademark for “3D CuteMoji” which may feature on the P30 series
- Supreme Court agrees to hear Trump administration’s effort to restrict vulgar trademarks
