Aparajita Lath

Aparajita graduated from the National University of Juridical Sciences, Kolkata where she was on the Board of Editors of the NUJS Law Review. She has worked at AZB & Partners and Trilegal. She is currently pursuing her LL.M at Harvard Law School and is a Student Fellow at the Petrie-Flom Centre.

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EU gaining a double benefit: Free Trade and GI protection

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Image from here The EU-India Free Trade Agreement is under the scanner, as dairy-cooperative Amul has raised concerns regarding the adverse impact of reduced import duties for EU dairy products. The cooperative’s Managing Director has urged the Indian Commerce Minister to desist from accepting such terms as they would be detrimental to the interests of Indian farmers and consumers. It is feared that further reduction in import duties would enable the EU to dump subsidized products in the Indian market….


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Copyright

Bombay HC restrains the release of any trailers/teasers of Zanjeer

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Image from here The Bombay High Court (see here for order) has restrained the release of any trailers or teasers of the remake Zanjeer/ Thoofan (the Telugu version of the film), until the final judgment on this matter is pronounced.  The remade ‘Zanjeer’ has run into hot water, not only is it involved in a copyright dispute (see here) but also involved in a controversy regarding non-payment of dues for the film’s remake rights. Sumeet and Puneeth Mehra (Amit Mehra’s brothers) had…


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Plant Variety Protection

Recent decision on Protection of Plant Varieties Act – Maharashtra Hybrid Seeds v. UOI and Ors

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Image from here The case (here) in the following post is the first of its kind and an interesting one. It deals with matters related to the Protection of Plant Varieties and Farmers Rights Act, 2001.  Preliminary observation  Before going into the facts of the case, the court pointed to a major lapse on the part of the Government in relation to its inaction in implementing various provisions of the Protection of Plant Varieties and Farmers Rights Act, 2001 (‘the…


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Design

Full Bench Delhi HC (Design Act)- Reckitt Benkiser India Ltd. v. Wyeth Ltd.

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Image from here A reference (order available here) was made to a Full Bench of the Delhi High Court to consider as to what amounts to ‘prior publication’ under the Design Act, 2000.  Previously, mere publication of a design by a foreign patent office was held not to constitute prior publication (Dabour Ltd. v Amit Jain (Del HC) and Gopal Glass Works v Asst. Contoller of Patents and Designs (Cal HC)). However, this ratio was questioned as it seemed to…


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SpicyIP Weekly Review (March- Week 4)

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Image from here This week has been quite exciting and action packed with SpicyIP covering various recent legal developments – cases, Copyright Rules, 2013 and other important legal issues.  Copyright Rules, 2013  The week started off with news regarding notification of the Copyright Rules, 2013 (Anubha’s post here). The new rules (available here) are pursuant to the recent Copyright Amendment Act, 2012. Prashant in his post (here) highlighted certain changes that the new rules have made with regard to the…


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Trademark

The recent AMUL-IMUL trademark controversy

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Image from here Ichhamati Co-operative Milk Producers’ Union Limited filed an application for registration of the mark ‘IMUL’ (depicted in a  triangular shape) (Application No. 1281174) under class 29 (milk goods and other dairy products) of the Trademarks Act, 1999. After the advertisement of this application, Kaira District Co-Operative Milk Producers’ Union Limited (appellant) opposed registration of the trademark. The opposition was based on the ground that the appellant was carrying on a well established business of manufacturing, marketing and…


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Copyright

Zanjeer Remake Row before the Bombay HC

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Image from here As TOI reports, Amit Mehra’s ‘Zanjeer 2.0’ starring Ram Charan and Priyanka Chopra is now before the Bombay HC. As blogged by us here, this remake is seeing a copyright controversy over the use of the original script of Zanjeer written by Salim Khan and Javed Akthar. The controversy started when Mehra did not seek permission from Khan and Akthar for use of the original script which provoked the duo to demand for payment of royalty. This…


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Copyright Patent

A recent study shows that U.S. firms don’t actually dominate the IP market!

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Image from here A recent article authored by Jonathan Band and Jonathan Gerafi titled ‘Foreign Ownership of Firms in IP-Intensive Industries’ (This was blogged about on IP Finance, for more see here) questions the long-followed assumption that U.S. firms dominate domestic and foreign markets for IP products.  America has almost always advocated for strong IP protection. This is because it is assumed that 1) Americans are global leaders in the production of creative and innovative services and products and 2)…


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Trademark

Bombay High Court – Are courts allowed to examine the validity of registration of a trademark at the interim stage? (Lupin Ltd. v Johnson & Johnson)

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Image from here This is a decision by a Single Judge of the Bombay High Court which was pronounced on August 13, 2012 (for entire judgment see here). Though this is a slightly old decision, it is relevant as it discusses an important aspect of trademark law i.e. whether it is permissible for courts to go into the question of validity of registration of a trademark at the stage of interlocutory orders, despite the presumption of validity created under Section…


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Copyright Patent Trademark

Guest Post: Book Review – V.J. Taraporevala, Law of Intellectual Property (Thomson Reuters, New Delhi, 2012)

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SpicyIP is honoured to bring to its readers, a guest post by Senior Advocate Arvind Datar and Advocate Ananth Padmanabhan, practicing advocates at the Madras High Court. The following post is an insightful review of Mr. V.J. Taraporevala’s recent book – Law of Intellectual Property (Thomson Reuters, New Delhi, 2012). Book Review – V.J. Taraporevala, Law of Intellectual Property (Thomson Reuters, New Delhi, 2012) Image from here The second edition of Shri.Taraporevala’s work on Intellectual Property Rights (IPR) has come…


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