Author name: Anubha Sinha

Anubha Sinha - @anubhasinha_ on Twitter — is a graduate of Dr. RML National Law University, Lucknow, and presently works at the Centre for Internet and Society. She also blogs on www.cis-india.org

Internet Censorship: Is Blocking Porn Possible?

Reportedly in yet another order, the Department of Telecom (DoT) has ordered a few ISPs to block 39 websites. The list has not been disclosed; however mostly consists of file sharing websites- especially ones which allegedly facilitate sharing of pornographic content. The reasons for blocking have not been specified, keeping in trend with DoT’s previous orders lacking in transparency. The order merely says, “It has been decided to immediately block the access to the following URLs… you are accordingly directed […]

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Internet Censorship: Gagging Mouthshut.com

While Facebook and Youtube routinely get several requests to delete offensive content, Mouthshut.com recently has been at the receiving end of several legal actions for facilitating consumers to post negative reviews. Mouthshut is a popular site which provides consumers a platform to post their reviews of products and services. It was launched in 2000 and is regarded as a reliable source of information. In April, the Bombay High Court ordered Mouthshut to delete reviews critical of Sharda University. Another case

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Rise of the Indian Big Brother

In wake of the furore surrounding USA’s controversial PRISM project, attention has turned homewards with reports indicating that the Indian government is in the process of installing a nationwide surveillance and interception system. The Central Monitoring System (CMS) will provide security agencies with unfettered real-time access to all data exchanged online as well as telephonically. All individuals can be monitored, regardless of whether there is a suspicion of indulging in illegal activities. The CMS has already been tested and has

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SpicyIP Tidbit Update: Thai Compulsory Licensing issuance of Antiretroviral

This is regarding the recent post( here) on the Thai Government’s plans to issue a compulsory licence for an anti-retroviral drug Efaverenz, as reported by IP Komodo. The post has been updated to reflect that the first compulsory licence was issued in 2006, which expired in 2011. Furthermore, the drug was be manufactured by the Government Pharma Organisation(GPO) on a five-year compulsory license. In fact, the Thai govt. imported generic Efaverenz from Ranbaxy as an interim measure in 2007 until

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SpicyIP Weekly Review(June 3rd Week)

The week started off with Sai Vinod bringing us up to speed with trademark infringement threats against movie producers lately. Recently, two movies- ‘Yeh Jawaani Hai Deewani’ and ‘Ankur Arora Murder case’ were on the receiving end for trademark infringement on account of allegedly objectionable references to Rooh Afza(a fruit squash) and a certain biscuit brand respectively. In the former case, Justice Manmohan Singh passed an order restraining the home video release of the movie Yeh Jawaani Hai Deewani (the

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SpicyIP Tidbit: Thai Govt. plans to issue compulsory license for antiretroviral

The Thailand Government announced plans to issue a compulsory licence for an anti-retroviral drug Efaverenz, as reported by IP Komodo (a blog covering South East Asian IP developments). Thailand has previously issued licences for other anti-cancer drugs, but this is a first for an anti-retroviral drug(used in second-line treatment for HIV-AIDS). The drug is manufactured by Merck. Plans for issuance of licence were announced  way back in 2006. In 2007 it was reported that Merck had substantially reduced prices for AIDS

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Comparative Advertising: Reckitt Benckiser trumps Hindustan Lever Ltd again

The Delhi High Court in yet another order granted Reckitt Benckiser an interim injunction against Hindustan Lever Ltd (HUL). This is the second order granted in favour of Reckitt Benckiser against HUL recently (read the first one here). The dispute may be traced back to Reckitt Benckiser’s (plaintiff’s)TV commercial and print campaign which compared the germ killing capabilities of its product Dettol Healthy Kitchen and HUL’s (defendant) Vim Liquid. These advertisements supposedly contained truthful statements about the germ killing capabilities of the

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The (Great) Gatsby Files: IPAB decides in favour of Fem Care Pharma Ltd.

The IPAB recently decided a trademark dispute with respect to use of the tradename ‘Gatsby’. The dispute here though was in relation to perfumeries and cosmetics products, not the recent cinematic reproduction of the novel ‘The Great Gatsby.’  Mandom Corporation, a Japanese company filed a rectification petition in 2005 to remove the trademark registration of Gatsby. The trademark was registered by a well known Indian cosmetics company Fem Care Pharma. The petition was filed on the grounds of alleged non-use

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Comparative Advertising: Delhi HC (Reckitt Benckiser v. Hindustan Lever Limited)

Hindustan Lever Limited(HUL) aired a television commercial which depicted a child being sick because of the alleged use of Dettol as an antiseptic liquid in bathing water whilst promoting the superiority of Hindustan Lever Limited’s Lifebuoy Soap. The plaintiff, Reckitt Benckiser filed a suit for an ad interim injunction against the telecast of the television commercial of defendant Hindustan Lever Limited’s Lifebuoy Soap, which was disparaging and denigrating the reputation and goodwill of the plaintiff’s product Dettol in the commercial

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SpicyIP Tidbit: Update on the Indo-EU FTA negotiations

In a welcome development, India has conveyed to EU in its talks that it cannot go beyond the parameters of the TRIPS and its domestic IPR laws during the FTA negotiations. India also expressed its demand to declare India as a data-secure country. We obviously don’t know what exactly transpired at the talks, but prior to the scheduled talks EU had said that they were not asking for anything concerning data exclusivity or patent extension or anything that would impact

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