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.

Enercon: High Court directs IPAB to decide validity of resolution

/ By / Patent

  We had previously reported that orders passed by the IPAB revoking Aloys Wobben’s patents have been challenged by Dr. Wobben by writ petitions before the Madras High Court. On 20th September, the Madras High Court passed a common order relating to these petitions (here). The HC has set aside the orders of revocation until the IPAB returns with a determination on the validity of the resolution of 26.4.2007. The High Court was mainly concerned with whether and to what extent […]

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Update on Enercon’s Patent Litigation

/ By / Patent

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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SpicyIP Tidbit: Zanjeer- Salim/Javed Settle with Producers

/ By / Copyright

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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Bombay HC: Remake Zanjeer to be released

/ By / Copyright

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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SpicyIP Tidbit: ALCS August Distribution

/ By / Copyright

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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Patenting food: Plumpy’ Nut and more?

/ By / Patent

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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SpicyIP Tidbit: GI for Pedana Kalamkari Art Form

/ By / Geographical Indication

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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Colgate v Pepsodent: Comparative Advertising

/ By / Comparative Advertising, Trademark

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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Feedback on draft guidelines for Computer Related Inventions

/ By / Patent

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

/ By / Uncategorized

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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