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.

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

/ By / Trademark

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

/ By / Copyright, Patent, Trademark

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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SpicyIP Tidbit: ViiV Healthcare collaborates with Medicines Patent Pool (MPP)

/ By / Uncategorized

Image from here Medicines Patent Pool (MPP) announced the launch of a new collaboration with ViiV Healthcare – a joint venture between GlaxoSmithKline (76.5%), Pfizer (13.5%), and Shionogi (10%) – to facilitate greater availability of critically needed medicines for children living with HIV. ViiV Healthcare is the second research-based pharmaceutical business to join the Medicines Patent Pool, the first being Gilead Sciences. We blogged about the MPP here, here, here and here. As has been noted, MPP was launched in

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Bombay High Court Decision on Trademark Infringement- SABMiller India Ltd. v. Som Distilleries & Breweries Ltd.

/ By / Trademark

Recently, the Bombay High Court rendered a decision on an alleged trademark infringement (here) , the summary of which is as follows –   Case history and facts    On February 19, 2009, the plaintiff applied for registration of its series trade mark “SABMiller India – SABMILLER INDIA” under the Trademarks Act, 1999 -Class 21 (glass bottles) and Class 32 (beers etc.). It also obtained registration for a design to be applied on its beer bottles under the Design Act,

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SpicyIP Weekly Review (February Week 4)

/ By / Others

SpicyIP Posts   Image from here. SpicyIP saw a truly ‘global’ week with posts covering deeply Indian issues like Ayurveda and modern drugs, trademarks on Indian Gods, poorly written decisions of the Indian Patent Office to international issues like the Trans Pacific Partnership Agreement and alleged DCMA violations. The week started off with an informative and comprehensive guest post by Priyanka Pulla on problems that arise in developing modern drugs from Ayurveda (here). The fact that only few modern medicines have emerged

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The ‘Global’ Fund being criticized

/ By / Patent

The Global Fund to fight AIDS, Tuberculosis and Malaria was created in 2002 in order to attract, manage and disburse resources to fight these three deadly diseases across the world. Since its inception, as reported, the Global Fund has supported more than 1,000 programs in 151 countries, providing AIDS treatment for 4.2 million people, anti-tuberculosis treatment for 9.7 million people and 310 million insecticide-treated nets for the prevention of malaria. It has also become the main multilateral funder in global

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The 19 year war- Financial Times Ltd. v Times Publishing House: Before the Supreme Court

/ By / Uncategorized

The saga between Financial Times Ltd. (FTL) and Times Publishing House continues with the Supreme Court hearing the case for the first time in 19 years. As reported by the Mint, FTL filed a Special Leave Petition before the Supreme Court in 2011. The SLP was filed in order to obtain an adjournment of the appeal proceedings in the Karnataka High Court in connection with its ongoing trademark battle with Times Publishing House. In order to provide context, please read

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Faking it! Indian Companies using IKEA’s trademarks

/ By / Trademark

 Though India’s foreign investment agency approved IKEA’s entry into India, new ‘trademarked’ obstacles await IKEA. As business standard reports, IKEA is now facing trademark related challenges. It was reported that three registered Indian companies are currently using IKEA’s brand name. The three companies mentioned in the report are – 1. IKEA Home Décor Private Limited (which, as the report states, has a registered trademark), 2. IKEA Constructions Private Limited and 3. IKEA Furniture Private Limited. Of the three, as reported,

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Part II: Digitization- Growth trends of the Film and Television Industry: comparative analysis

/ By / Copyright

Contrary to the fears of digitization viewed as the harbinger of doom to the film industry, the global film industry is intact and continues to churn out thousands of films annually. The report stated UNESCO’s finding of increase in feature film production from around 5,600 films in 2005 to 7,200 in 2009 and recorded a total of 31,519 feature films produced globally between 2005 and 2009.[1] Regionally, the US produced around 700 films both in 2005 and 2009, Germany produced

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Part I: Digitization of content: a comparative analysis of growth trends in the music, film and television industries.

/ By / Copyright

This post consists of two parts. Both parts examine the impact of digitization on the entertainment industry. The first part analyzes the growth patterns of the music industry (international as well as domestic). The second part analyzes the growth trends of the international and domestic, film and television industry. The conclusion seeks to show that inspite of digitization the entertainment industry is doing well in terms of output, revenues and creativity. Across the globe policy makers are coming to terms

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