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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 Trademark

Public petition: Easing TMR/IPO e-filings

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[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

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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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Designs Trademark

Its all about the shape – design infringement and passing off

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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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Patent

An unclear precedent : Accept the offer to surrender or revoke the patent? (IPAB order 29 of 2016)

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Sribindu Chivukula recently wrote a post for us on the IPAB order relating to revocation proceedings where an offer to surrender the patent was also previously made. Sribindu concluded that “While the Act does not categorically state/forbid patentee from surrendering a patent through opposition/revocation proceedings, the IPAB’s ruling in the present case clearly established that a surrender is possible only when there are no proceedings pending with respect to the patent. If, however, any such proceedings are pending at the…


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Copyright

Is Prasar Bharati having the cake and eating it too: Star Sports v. Prasar Bharati (Supreme Court)

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(This post has been co-authored with Prashant Reddy) The Supreme Court ruled that broadcasters broadcasting sporting events of national importance must provide ‘clean’ feeds to Prasar Bharati. The issue in this case revolved around interpreting Section 3 of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 (“Act”) and Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Rules, 2007 (“Rules”). The purpose of the Act is to ensure access to a larger audience of listeners/viewers of sporting events…


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Others Patent

Be careful what you pray for, you might just get it – CTR v Sergi contempt case

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The Bombay High Court (Justice G. S. Patel) in CTR Manufacturing Industries Limited (“CTR”) v. Sergi Transformer Explosion Prevention Technologies Private Limited (“Sergi/defendant”), recently dismissed four contempt applications filed by CTR against Sergi in relation to its patent infringement suit. The Court, following the test laid down by the Supreme Court in Food Corporation of India v. Sukh Deo Prasad (2009) 5 SCC 665), held that the power exercised by the Court under Order 39 Rule 2-A (consequences of disobedience…


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Trademark

Trademarking Tragedies: Of Brexit Beer and the Nirbhaya Bus

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We bring to you an insightful guest post by Harshavardhan Ganesan where he examines the growing trend and relationship between trademark applications and tragedies. Harshavardhan Ganesan is currently an LLM student at the University of California, Berkeley where he is specializing in Intellectual Property Law. Trademarking Tragedies: Of Brexit Beer and the Nirbhaya Bus by Harshavardhan Ganesan While the recent political divorce of Britain and Europe was difficult to swallow for many both in Britain and elsewhere, an American Beer company, has…


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Others

Supreme court on decriminalising defamation – the long and short of it

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On May 13, 2016, by way of a 268 page judgement (as uploaded on the SC website), the Supreme Court not only upheld the constitutional validity of criminalizing defamation under the Indian Penal Coe, 1860, but also created a new fundamental right of reputation under Article 21. As explained by Gautam Bhatia here, this is a dangerous move. This is also a ‘long’ answer to a straightforward question. I had written about the need to decriminalise defamation in a post…


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Copyright Designs

Ritu Kumar v. Biba : Designs free at 50?

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Ambiguity surrounding the “design” and “artistic works” relationship continues to plague the industry, especially the fashion industry. The fashion industry has long been touted as one of the most ‘creative’ industries. One of the reasons for innovation and creativity in this industry is the market itself. This paper title “piracy paradox” and Shamnad’s blog here, reveal that in practise this industry suffers/benefits from the “piracy paradox” i.e. “Copying enables designs and styles to move quickly from early adopters to the…


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Others Patent

India creates a ‘licence of rights’ system for GM patents: Is it legal?

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We are happy to bring our readers a guest post by Prashant Reddy – a prolific writer, a Delhi based lawyer and a person who otherwise needs no introduction on this blog! Through this incisive post, he examines in detail the legality of the “Licensing and Formats for GM technology Agreements Guidelines, 2016” published by the Ministry of Agriculture on May 18, 2016. India creates a ‘licence of rights’ system for GM patents: Is it legal?   Prashant Reddy The Ministry of Agriculture (MoA)…


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