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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

Update on Enercon’s Patent Litigation


Image from here Recently, the remaining 7 revocation petitions filed by Enercon India Ltd. (EIL) against Aloys Wobben’s patents were heard by the new bench of the IPAB. Prashant has tracked this dispute here, here, here, here, here, and here. Enercon India has been represented by Mr. Parthasarthy, Senior Partner at Lakshmi Kumaran & Sreedharan. The Respondent is represented by Mr. Pravin Anand, Senior Partner at Anand and Anand. As previously noted, the IPAB heard 19 revocation petitions filed by Enercon…


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Copyright

SpicyIP Tidbit: Zanjeer- Salim/Javed Settle with Producers


After having suffered defeat before the Single Bench of the Bombay High Court on 2nd September (here), scriptwriters Salim Khan and Javed Akhtar appealed to a Division Bench. As reported, the Division Bench advised the parties to amicably settle their dispute. Agreeing to this, the scriptwriters withdrew their suit and arrived at a financial settlement with the producers. The settlement was arrived at in the judges’ chamber so that the settlement amount was not divulged to the public at large….


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Copyright

Bombay HC: Remake Zanjeer to be released


Image from here The remake ‘Zanjeer’ is set to be released on 6th September, as the Bombay High Court refused to grant an injunction against its release (here). We have tracked the development of this case here, here, here, here and here.  To briefly recap, the Plaintiffs Salim Khan and Javed Akhtar had alleged copyright infringement of the script they had written for the original ‘Zanjeer’ produced by Prakash Mehra in 1973. They prayed for a permanent order of injunction restraining…


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Copyright

SpicyIP Tidbit: ALCS August Distribution


In the UK, the Authors’ Licensing and Collecting Society is an organization run and owned by writers that collects money due to its members from the use of their works, distributes the money collected, organizes campaigns and raises awareness about issues that affect writers. It has a membership of over 85,000 writers and has so far paid out £300 million to writers.  Distribution of collections takes place twice a year. Recently, as IP Finance reports, the ALCS announced its ‘August…


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Patent

Patenting food: Plumpy’ Nut and more?


Image from here Peanut paste sold as ‘Plumpy’Nut’, a patented concoction consisting of skimmed milk powder, sugar, vegetable fat, vitamins and minerals, has worked wonders for children suffering from malnutrition. This paste was invented by a French paediatrician and has radically changed the way malnutrition is treated in developing countries. This life saving peanut paste facilitates treatment at home, does not need to be refrigerated and can be administered by anyone, anywhere! It is so effective that it can revive…


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Geographical Indication

SpicyIP Tidbit: GI for Pedana Kalamkari Art Form


Image from here Recently, as The Hindu reports, Pedana Kalamkari art form received GI protection. Members of Vegetable Dye Hand Block Kalamkari Printers’ Welfare Association, Pedana received the registration certificate from the Geographical Indications Registry (GIR), Chennai. Also, in the GI Registration, this art form has, been recognised as ‘Machilipatnam Kalamkari’. According to GIR’s authorised user no – AU/396/GI/19/12, production of Machilipatnam Kalamkari is geographically limited to Pedana town and its neighbouring villages including Machilipatnam, Polavaram and Kappaladoddi in Guduru…


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Comparative Advertising Trademark

Colgate v Pepsodent: Comparative Advertising


Image from here Recently, in a case of comparative advertising, the Delhi High Court denied granting an interim injunction against Hindustan Unilever Ltd (HUL) (here). Colgate Palmolive (India) Ltd. brought an action against HUL for its ads relating to its product ‘Pepsodent GermiCheck Superior Power’ as these ads allegedly disparaged Colgate’s toothpaste ‘Colgate Dental Cream Strong Teeth’. We have blogged about comparative advertising here, here, here, here and here. Colgate made the following submissions:  First, it was contended that the claim made…


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Uncategorized

Feedback on draft guidelines for Computer Related Inventions


Image from here The IPO recently received feedback on its draft guidelines for Computer Related Inventions (here). Madhulika blogged about these guidelines (here). Feedback revolve mainly around the following issues: • Most of the comments view the guideline’s interpretation of S. 3(k) as unduly ‘restrictive’, especially with regard to the meaning of ‘computer programs per se’. Comments also highlight the lack of examples of computer programs that are patentable and point to the fact that that the guideline only give…


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GI News: Kaipad Rice, Nagpur Oranges, Dharmavaram Sarees and more


Image from here The month of August has seen a lot of GI excitement. As the Hindu reports (here and here), the Kaipad rice of Kerala, Nagpur oranges and the Dharmavaram Saris of Andhra Pradesh received clearance for inclusion in the GI registry. A four month period for objections has been provided after which these GI’s will be notified in the Register. If on the one hand GI are being doled out, on the other, GI holders are trying to…


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Patent

Section 3 (K)haos: IPAB on Patenting Mathematical Methods


Image from here The IPAB recently upheld the Controller’s decision in a mathematical method application (here). In this case the petitioners claimed that they had invented “A Chaos Theoretical Exponent Value Calculation System” which was denied patent protection on the ground that since it was inherently a mathematical method it was excluded from protection under Section 3(k). The invention involved a system which used a mathematical formula that could calculate a chaos theoretical exponent value at high speed and on…


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