2021

Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part II

/ By / Geographical Indication, Trademark

In Part I, in the light of jurisprudence, I had analysed whether copyright or design law would be the appropriate IP for jewellery protection. Additionally, I had also discussed if ‘adaptation’ or ‘reproduction’ would be the more suitable term for referring to the conversion of 2D drawings into 3D jewellery. In Part II, I look at other questions such as what would happen if a suit in respect of copying of jewellery is brought under copyright law and passing off, […]

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UNH Franklin Pierce’s IP Summer Institute 2021 (May 24 – June 11, June 14 – July 2)

/ By / Opportunities, Sponsored

We’re pleased to inform you that Franklin Pierce Center for IP of the University of New Hampshire (UNH) School of Law is offering an Intellectual Property Summer Institute (IPSI) this summer in two sessions – May 24 to June 11, 2021 and June 14 to July 2, 2021. For further details, please see the announcement below: Attend UNH Franklin Pierce’s IP Summer Institute for Unparalleled Opportunities in Training and Networking Ever since Indian law graduate Jaya Mitra realized she could

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SpicyIP Weekly Review (March 8 – 14)

/ By / Copyright, Patent, Trademark

Topical Highlight The Third to Tango: After Pakistan, Nepal Opposes India’s GI Application for Basmati In this post, Praharsh discusses the implications of Nepal joining Pakistan’s opposition to India’s application for registration of GI over Basmati in the EU. He noted that this could be the first IP dispute between the three South Asian countries.  He highlighted three major reasons reported for Nepal’s opposition: 1) Basmati is grown and consumed traditionally in Nepal; 2) Nepal has worked extensively with national and international

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The Third to Tango: After Pakistan, Nepal Opposes India’s GI Application for Basmati

/ By / Geographical Indication

In November, 2020, Varsha wrote a detailed piece on the ongoing dispute between India and Pakistan on registration of GI over Basmati in the EU. Seemingly, after months of speculations (here and here) Nepal has finally joined the fight, opposing India’s application. This perhaps makes it the first IP disputes between the three South Asian countries.  While a more detailed post on this opposition will follow soon, I would like to quickly highlight a few interesting facts surrounding this event

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Supreme Court Recognises Doctrine of Copyright Exhaustion in Softwares, And Its Subservience to EULAs

/ By / Copyright

We’re pleased to bring you a guest post by Vedangini Bisht and Shubham Chaudhary on a recent Supreme Court order wherein the Doctrine of Copyright Exhaustion was recognised vis-a-vis Software. Vedangini and Shubham are both fourth year students at National Law University, Delhi. Vedangini has earlier written guest posts for us on frequently overlooked corollaries of academic patenting here, and the need for an expansive application of copyright exhaustion on digital medium here. Supreme Court Recognises Doctrine of Copyright Exhaustion

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SpicyIP Weekly Review (March 1-7)

/ By / Copyright, Design, Patent, Trademark

Topical Highlight BigBasket and Daily Basket Row – Confusion or Bullying? Anupriya analysed the widely reported ‘cease and desist letter’ sent by BigBasket to Daily Basket alleging infringement of their trademark on the word, ‘Basket.’ She begins by explaining how the term “basket” pretty much indicates grocery business in general. She revisits the Trade Marks Act and a number of cases discussing the spectrum of distinctiveness of a trademark and argues that while comparing marks, it is incorrect to take a

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Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part I

/ By / Copyright, Design, Overlaps in IP, Trademark

The issue of IP protection of jewellery has hardly been discussed or adjudicated upon in India. Generally, it is understood that the sketch of the jewellery design can be protected as artistic work under copyright law, while the actual appearance of the jewellery, such as the configuration, pattern can be protected under design law. But, it’s more complicated than that. There are many questions without clear answers, such as, whether jewellery is protectable under copyright or design law in India,

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Of Geospatial Data Deregulation, Intellectual Property and Personal Data Protection

/ By / Copyright, Innovation

  On 15th February, the Department of Science and Technology released a new set of guidelines liberalising India’s Mapping and Geospatial Data regime by removing the existing multi-layered licensing procedures applicable on private entities. In light of these guidelines, I will discuss how maps and geospatial data can be protected as intellectual property, as well as the possible interplay between IP concerns and the personal data protection regime. The New Guidelines Historically, India has maintained a strong regulatory mechanism over mapping and geospatial

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BigBasket and Daily Basket Row – Confusion or Bullying?

/ By / Trademark

As widely reported in the media, and shared via social media posts, the legal team of BigBasket sent a ‘cease and desist letter’ to Daily Basket on 17th February, 2021 alleging infringement of their trademark. The disparity in the sizes of both the companies was immediately evident to everyone: BigBasket by its own admission is the largest online food and grocery store in India whereas Daily Basket claims to be a tiny bootstrapped Coimbatore-based two-person start-up. Daily Basket is an

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Picture of the band Above and Beyond

Intellectual Property Appellate/Advisory/Adjudicatory Board?

/ By / Patent

We are pleased to bring our readers another guest post by Amit Tailor, discussing a recent practice he has observed of the IPAB/Board ‘suggesting’ amendments to patent applicants, and allowing them without concurring with the Controller. The post also goes on to review the statutory vires of this practice. Amit is working as Manager (Sr. Scientist) at Cadila Healthcare Ltd., handling patent drafting, filing & prosecution, FTO, patentability & invalidity mainly. He has an LL.B. from the Faculty of Law,

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