Aparajita Lath

Aparajita graduated from the WB National University of Juridical Sciences, Kolkata. She was formerly an editor of the NUJS Law Review. She is a lawyer based in Bangalore. All views expressed by her on the blog are her personal views.

Patent

Compulsory licensing for expensive medicines: KCE report


The Belgian Health Care Knowledge Centre (KCE) recently released an interesting report titled ‘Compulsory licensing for expensive medicines’. This report comes at an opportune moment. Public attention for intellectual property rights and the role it plays in the pharmaceutical sector has significantly revived due to Covid 19. The report does not focus on compulsory licenses (CLs) in emergency situations (like the Covid pandemic), but on the potential to use compulsory licenses for ‘excessively priced’ medicines outside of emergency situations. Ordinarily,…


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Others Trademark

Of cosmetics, insolvency and trademarks


As reported, Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media.  Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. From offering vegan nail polishes, to natural lipsticks and lip balms, to entering into foreign collaborations, a lot is going on in the Indian cosmetics space. It may…


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Others

Algorithmic Transparency and the Smart State


While the Joint Parliamentary Committee (JPC) released its much-awaited report on a sparkling new data protection legislation late last year, as reported, the bill may be scrapped for a completely new law. The personal data protection bill had created significant buzz in the industry and society. So much so, the JPC received feedback from over 200 stakeholders representing a cross-section of society. After years of consultations from 2018 onwards, the bill transformed from a ‘Personal Data Protection Bill’ to a…


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Trademark

The Trade Marks Registry Proposing to Restrict Access to Documents


The Trade Marks Registry (TMR) issued a public notice requesting suggestions from stakeholders regarding the display and availability of documents on its official website (comments are to be submitted by September 30, 2019). It appears that the TMR has received representations from stakeholders raising concerns regarding the display of confidential information, proprietary information and personal information on its website. The TMR is now proposing to classify documents into two categories on its website: One category that will consist of documents…


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Trademark

Websites, the Virtual Juggernauts, Continue to Question Jurisdiction and Enforcement in Online Trademark Disputes


The borderless nature of the internet has, time and again, challenged conventional notions of jurisdiction and enforcement. While countries have a legitimate interest in protecting / preserving their laws, with the internet, there is always a fear of the law becoming a general law of the internet. Maintaining this balance is key when deciding questions that pertain to issues involving parties belonging to different jurisdictions. The Delhi High Court was tasked with resolving a trademark infringement and passing off dispute…


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Patent Trademark

Technology Has the Potential to Make Trademark Processes Easy Peasy


Singapore’s New Trademark App The Intellectual Property Office of Singapore has recently launched an app called ‘IPOS GO’ available on the Apple App Store and the Google Play Store. The app provides various on-the-go trademark services, which include even direct filing of trademark applications (making this the world’s first mobile app for enabling the filing of trademark applications).  The various functions that the app can perform are: “Use IPOS Go to: Apply for and renew trademark registrations in Singapore* Search…


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Competition Law Data Exclusivity Overlaps in IP Patent

Shogun Organics: Burden of Proof and Follow On Registrations


Shogun Organics Limited v. Gauri Hari and Others is a curious case concerning burden of proof and an apparent conflict between the Patents Act, 1970 and the Insecticides Act, 1968. Facts Shogun Organics Limited (plaintiff) filed a suit seeking a permanent injunction to restrain the defendants from infringing its process patent. The patent relates to the manufacturing of d-trans Allethrin (an active ingredient in mosquito repellants). Shogun had also obtained an ‘original’ registration for the manufacture of this product under the…


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Patent Trademark

Public petition: Easing TMR/IPO e-filings


[This post has been co-authored with Shamnad Basheer] A friend of the blog is keen on unleashing an innovative online interface to ease e-filings of trademark (TM) applications and other TM forms. While a trademark registration regime brings with it various perceived advantages, the regime also brings in various administrative requirements that are needed to ensure that the Trade Marks Register is always upto date. A significant part of a client/trademark agent’s time is spent in ensuring that applications, replies,…


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Patent

Karnataka High Court: Appeal on Bt cotton price control


As readers may already be aware, Monsanto owns a patent for a synthesised genetic sequence of select genes of Bacillus thuringiensis which when inserted into cotton seeds renders the seeds immune to bollworms and consequentially assists in increasing cotton yield. Monsanto injects seeds with its Bt technology and Indian seed companies enter into licensing agreements by which they pay a trait value (license fee) to Monsanto for using its technology. Monsanto has been accused of overcharging which has lead to…


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Design Trademark

Its all about the shape – design infringement and passing off


Just like other aspects of civilisation and life, shapes too had humble beginnings. The clean and simple – circles, squares and triangles, the most basic shapes of our planet, laid the foundation for today’s complicated designs and patterns. Also, as we have heard, shapes were used to communicate and as part of a language in early civilisation. While shapes today have evolved and become more numerous and complicated, they are still a language in themselves and are certainly still a…


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