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SpicyIP Weekly Review (April 15-21)


In a guest post, Shalini Bhutani argues that the Protection of Plant Varieties and Farmers Rights Act 2001 is likely to have a detrimental impact on the well being of farmers. She highlights the recent string of  lawsuits filed by PepsiCo India, asserting breeder rights in varieties of potatoes against farmers in Gujarat, to caution that the pro-farmer aspects of the legislation could be in serious threat.

SpicyIP Events

Pankhuri informed us of the 2019 WIPO-UNIGE Summer School that will be conducted in Geneva from June 24 to July 5, 2019. The deadline for applications is May 15, 2019.

Other Developments

Indian 

Judgments 

Nuvoco Vistas Corporation Limited v. JK Lakshmi Cement Limited and Another – Delhi High Court [April 15, 2019]

The Court granted a permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s mark “CONCRETO” by using a deceptively similar mark “CONCRETA” for the sale of cement and other building materials. In arriving at this decision, the Court noted that the Plaintiff was the registered proprietor of the mark “CONCRETO”, and the Defendant’s use of a visually and phonetically similar mark to the Plaintiff’s mark would constitute infringement. It was further observed by the Court that the Defendant, being in the same trade as the Plaintiff should have been aware of its registered mark. The Court also dismissed the Defendant’s argument that its product was a different cement product, by stating that the registration of the Defendant’s mark was aimed at “cement” and not any special variety of the same.

News

International 

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Rishabh Mohnot

Rishabh is a fourth year law student at the National University of Juridical Sciences, Kolkata. He is currently the Director of the Intellectual Property and Technology Law Society at his University and a Senior Associate Member of the NUJS Law Review. He is happy to correspond by email at [email protected]

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