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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.

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Supreme court on decriminalising defamation – the long and short of it

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On May 13, 2016, by way of a 268 page judgement (as uploaded on the SC website), the Supreme Court not only upheld the constitutional validity of criminalizing defamation under the Indian Penal Coe, 1860, but also created a new fundamental right of reputation under Article 21. As explained by Gautam Bhatia here, this is a dangerous move. This is also a ‘long’ answer to a straightforward question. I had written about the need to decriminalise defamation in a post…


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Copyright Designs

Ritu Kumar v. Biba : Designs free at 50?

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Ambiguity surrounding the “design” and “artistic works” relationship continues to plague the industry, especially the fashion industry. The fashion industry has long been touted as one of the most ‘creative’ industries. One of the reasons for innovation and creativity in this industry is the market itself. This paper title “piracy paradox” and Shamnad’s blog here, reveal that in practise this industry suffers/benefits from the “piracy paradox” i.e. “Copying enables designs and styles to move quickly from early adopters to the…


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Others Patent

India creates a ‘licence of rights’ system for GM patents: Is it legal?

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We are happy to bring our readers a guest post by Prashant Reddy – a prolific writer, a Delhi based lawyer and a person who otherwise needs no introduction on this blog! Through this incisive post, he examines in detail the legality of the “Licensing and Formats for GM technology Agreements Guidelines, 2016” published by the Ministry of Agriculture on May 18, 2016. India creates a ‘licence of rights’ system for GM patents: Is it legal?   Prashant Reddy The Ministry of Agriculture (MoA)…


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Copyright

Creative Constraints: A new Perspective

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In this post, Vasundhara Majithia, our SpicyIP Fellowship applicant, examines and puts to test the popular belief that copyright constricts creativity and provides a new perspective on whether copyright actually promotes creativity. Creative Constraints: A new Perspective  By Vasundhara Majithia It is widely believed that copyright constricts creativity because it limits the rights of others to use the copyrighted information as raw material and thereby to come up with something new. While this might be true in most cases, there are quite…


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Trademark

Delhi HC’s Split Views on the Apple Trade Mark Issue

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In this post, Prateek Surisetti, our SpicyIP-Fellowship applicant, examines the “splitview” trademark case before the Delhi High Court. [Editor’s note: A typo in the heading of one of the arguments which had earlier altered the meaning of that argument has now been corrected] Delhi HC’s Split Views on the Apple Trade Mark Issue by Prateek Surisetti On March 1st, a single judge passed an order restraining Apple from using the word “SplitView” on account of alleged passing off claims from a…


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Innovation Others

From ‘informal’ to ‘in demand’: Commercialising grassroots innovation?

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India is teaming with innovation and new advancements many that typically fall within the realm of the lesser explored and lesser acknowledged – the ‘informal’. Recently, Swapnanil Talukdar, a 19 year old boy from Assam was selected for the Innovation Scholars In-Residence programme of the Rashtrapati Bhavan for his invention – a foot-operated page-turning machine. Swapnanil built a foot-operated manual page-turning machine that assists those with upper-limb impairment or injury to flip pages of books easily. As he says, the…


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Trademark

Interplay between S. 29(4) and 29(5) of the TM Act : Smile at the Perils Past?

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We have for our readers an insightful post by Jasneet Kaur on the interplay between Section 29(4) and Section 29(5) of the Trade Marks Act, 1999 in light of the diverenging views taken in the cases of Cipla Limited v. Cipla Industries Pvt. Ltd. & Anr. (2016) and Raymond Limited v. Raymond Pharmaceuticals Private Limited (2010), ultimately leading to a referral to a larger bench. Jasneet is an independent legal practitioner with extensive experience in trade mark law, having worked with the IPR divisions…


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Others

Epic secrets untold: TCS told?

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Recently, a US jury found Tata Consultancy Services (TCS) and Tata America International Corp guilty of stealing trade secrets and confidential information from Epic Systems, an American company. The amount of damages, awarded was a whopping $940 million, including $700 million as punitive damage. Epic Systems is a Wisconsin based company and is a leading provider of software to the healthcare industry.  Epic maintains a web portal called the “UserWeb,” which contains information regarding its products, training material and other…


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Trademark

Essel Propack v. Essel Kitchenware (Bombay HC): Wilful delay in taking action against trademark infringement may amount to acquiescence

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 As the law stands, delay on part of the defendant, attempting to dislodge a suit for infringement, and systemic delays inherent in the judicial system, cannot be used against a plaintiff who is entitled to interim relief. Provisions of the Civil Procedure Code, 1908 such as Section 9A as well as section 124 of the Trade Marks Act, 1999, embody this principle. An interim injunction can therefore be granted despite the existence of an application challenging jurisdiction or an application for…


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Others Trademark

TMR Delhi: Notice on mediation/conciliation for pending opposition/rectifications

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“The notion that ordinary people want black-robed judges and well dressed lawyers and fine courtrooms as settings to resolve their disputes is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.” (J. Warren Burger) The situation at the five Trade Mark Registries appears to be far from ensuring speedy and effective relief to trademark applicants/opponents/registrants. As of 2012, as detailed by Prashant Reddy in his blog post here,…


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