Author name: Aparajita Lath

Aparajita is an Assistant Professor at the National Law School of India, Bangalore. She graduated from the National University of Juridical Sciences, Kolkata and Harvard Law School (LL.M). She has worked at AZB & Partners and Trilegal. She was also a Student Fellow at the Petrie-Flom Centre at Harvard Law School.

Trademark Parallel Imports: Delhi HC on the Marlboro Trademark case

/ By / Trademark

People say that the world isn’t “black and white”; that there are many shades in between, of which, the grey areas usually raise difficult questions. This belief applies even in the world of Intellectual Property Rights. Parallel imports i.e. lawful import of a genuine trademarked product without the permission of the proprietor thereby creating a trade channel that runs parallel to the proprietors authorized trade channel, is usually called a ‘grey market’ import (see here). Such imports are not ‘black’ […]

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NCAER Report on Parallel Imports OUT!

/ By / Copyright

The National Council of Applied Economic Research has released its much awaited report on the Impact of Parallel Imports on Copyrighted Works. Stakeholders can send in comments by 21st March 2014 and comments will be reviewed by the NCAER on 26th March 2014. The report adequately considers the opposing views of the producers as well as the consumers. It also urges all the stakeholders to amicably, through a healthy exchange of views, come to an optimal solution to the parallel

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A flowery matter: Madras HC on the Orchid trademark dispute

/ By / Trademark

Background Litigation over the ‘orchid’ trademark between Kamat Hotels and The Royal Orchid Hotels  (‘ROH’) continues. This dispute has been covered by Prashant here and here. After losing at the IPAB, Kamat Hotels filed two writ petitions before the Madras HC. Without using flowery words, the Madras HC dismissed these petitions. Though this was a ‘writ petition’ filed under Article 226, it reads more like an appeal. As we know, Article 226 is an extraordinary remedy intended to be applied in exceptional

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Indian Pharmaceutical Alliance Submission to the USITC

/ By / Innovation, Patent

The Indian Pharmaceutical Alliance has made a pre-hearing statement before the USITC with regard to its Indian investigation. The hearing is scheduled for 12 and 13 February 2014. In its letter requesting the USITC to initiate an investigation into India’s trade policies, the Senate and House Committees asked the Commission to prepare a summary of U.S. firms’ perceptions on Indian investment and trade policies. The Committees also said that they did not expect the Commission to make findings regarding the

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The Indian Perspective: Submission made to USITC’s investigation into the Indian patent regime

/ By / Patent

In pursuance to its investigation into India’s trade, investment and industrial policies, the U.S. International Trade Commission (USITC) is holding a public hearing on February 13, 2014.  Professor Srividhya Ragavan (University of Oklahoma College of Law), Brook Baker (Northeastern University School of Law), and Sean Flynn (American University Washington College of Law) submitted a statement to the USITC on issues pertaining to India’s patent regime. This is a welcome intervention and provides a nuanced understanding of Indian patent laws and implementation.

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NUJS Law Review Special Issue on the Copyright Amendment Act: Read it to believe it!

/ By / Copyright

This is a slightly belated notification but the Copyright Conference of 2012, has culminated in the publication of a special issue on the recent copyright amendments (Vol. 5 2012 No. (4) NUJS Law Rev.) Shamnad played a key and lead role in bringing this issue into existence! Various debates that took place at the Copyright Conference, took shape and transformed into informative, exhaustive and excellent papers that have now been published. This publication covers huge ground and deals with issues

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Applications for the 2014 – 15 LAMP Fellowship are now open

/ By / Others

Legislative Assistant to Members of Parliament Fellowship 2014 – 15   PRS is offering an exciting fellowship, please read the announcement below for more details: Last for submitting applications: February 20, 1014.  Cut off age for the fellowship : 26 years (i.e. born on or before January 1, 1987). About the Fellowship: The Legislative Assistants to Members of Parliament (LAMP) Fellowship places one legislative assistant to work with one MP for a period of 11 months. The Fellowship exposes LAMP Fellows to the

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GIPC IP Index: India ranked last

/ By / Copyright, Data Exclusivity, Others, Patent

The U.S. Chamber of Commerce Global Intellectual Property Centre recently released the latest ‘International IP Index’. As per this report, India has been placed last in terms of protection and enforcement of Intellectual Property practices out of 25 countries. India scored only 6.95 points out of 30. US ranked the highest, scoring 28.5 on 30. Even in the previous GIPC Index, India was ranked last. However, the findings of this report need to be examined. As Swaraj pointed out (here), even

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Event: Pharma IPR Conference, February 2014

/ By / Event

Pharma IPR is a very targeted conference focusing on patent related matters for Pharma and Biopharma Industry across the globe.  The date and venue for the conference is: 26 to 28 February, 2014 at Holiday Inn Mumbai International Airport, Mumbai, India. Website: www.pharmaipr-india.com Please click here for more details about the conference. The theme of the conference is ‘US Patent Law in 2013: Winds of Change’. As the title suggests, the conference aims at highlighting and discussing important US Patent rulings

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Professional Negligence and Attorney Liability?

/ By / Patent

A recent case raises serious issues around patent attorneys and professional negligence, the biggest elephant in the room that not many have spoken about till date. To what extent should a patent attorney be liable for compromising the case of their clients? And what is the nature of legal liability? Also, to what extent is a client to blame for the fault of an attorney? Assuming professional negligence of the patent attorney were to be established, could the client argue

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