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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.

Trademark

Trade Marks Rules Amended 2014


On August 1, 2014, the government amended certain provisions of the Trade Marks Rules 2002 (here). The rules will come into force on publication in the Official Gazette [*see below]. Through the amendments, the official fees for trademark application under entries 1,3,4,5,6 and 7of the First Schedule of the TM Rules 2002 have increased from Rs. 3,500 to Rs. 4,000. The fees for expedited examination of an application for registration of a trademark has increased from Rs. 12,500*[see below] to…


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Copyright

Indian cinema inspiring Hollywood?


Recently, IBNLive carried an interesting article on certain Hollywood movies that were potentially copies of Indian films. The article has gathered several critical comments from readers. Though I haven’t seen all the movies on the list, movie aficionados are welcome to comment. Shouvik and Swaraj have written interesting posts about movies and IP here and here. The author lists ten Hollywood movies that have been ‘inspired’/ ‘copied’ from Indian films (not only Bollywood). The article uses the words ‘copy’ and…


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Others

Defamation on social media: Delhi High Court adopts the ‘Single Publication Rule’


Along with recent calls to decriminalize defamation (here) and to strengthen laws to deal with SLAPP suits, the Delhi High Court (Khawar Butt vs Asif Nazir Mir, Nov, 2013, Justice Vipin Sanghi) recently ruled on a case related to defamation on the internet. In a well researched judgement the court adopted the ‘Single Publication Rule’ and rejected the ‘Multiple Publication Rule’ for libel on the internet. Multiple Publication Rule v. Single Publication Rule Since defamation is an act of harming a persons reputation,…


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Others

Short Questionnaires for Patent Agents and Software Engineers


Mr.  Ravindra Chingale is a Ph.D. research scholar at the  National Law University Delhi and is also a consultant to the Ministry of Law and Justice. He is carrying out research for his project ‘Impact of Patent Law on Software Industry in India’. As a part of his research he wishes to carry out a survey of software companies and he has prepared two short questionnaires for the same. The first one is a questionnaire for employees in a software…


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Trademark

Mickey Mouse Trouble: Disney obtains a host of injunctions and damages for trademark and copyright infringement


India’s neighbourhood lanes have ample number of ‘fancy stores’ and stationary shops that are brightly lit and filled with goods catering to the demands of school going children. Since children love cartoons, much of their stock is printed with different cartoon characters including Disney’s characters (the famous Mickey Mouse, Mini Mouse, Goofy etc.). Children are usually easy to please and are happy with these products whether ‘fake’ or ‘original’. However, counterfeit Disney products are expanding from stationary, party hats to…


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Patent

Breaking News: SC streamlines patent revocation procedures in Enercon litigation


Yesterday, the Supreme Court rendered a significant decision in the Enercon patent litigation. The court addressed the issue of multiplicity of proceedings in patent cases with regard to opposition, invalidation and revocation. The judgement goes a long way in streamlining the procedural aspects of patent cases. A patent can be annulled in three ways – either by way of an opposition (pre or post grant), through a revocation proceeding before the IPAB or by way of a counter-claim in an…


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Trademark

Wockhardt v Remed Healthcare: Trademarks and Medicines


There have been many recent trademark cases (e.g. Merck Kgaa & Anr vs Abhinav and Ashok Trading, 2014- where Carbophar was held to be deceptively similar to the trademark Carbophage and a permanent injunction was granted.) surrounding infringement suits over trademarks related to medicines. Trademark law assesses similarity of marks from the lens of an ‘average man of ordinary intelligence’ who has ‘imperfect recollection’. Though a critical comparison of two trademarks may disclose points of differences, their overall similarity may…


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Trademark

Heritage Trademark: The Race Over Rice


Only talk doesn’t cook the rice! Rice, a source of a number of culinary delights, especially in India, is now the fodder for a legal battle. A trademark dispute over the use of the mark ‘Heritage’ with respect to rice is unfurling before the Delhi High Court. The plaint was first rejected by a single judge but was recently restored. In 2011, LT Foods ltd filed a suit seeking permanent injunction to restrain Heritage Foods from infringing its trademark- Heritage….


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Designs Patent

Madras HC: Prosthetics patent and design infringement case


The following post discusses a patent and design infringement case (M.C. Jayasingh Vs. Mishra Dhatu Nigam Limited (MIDHANI) rep. by its Managing Director, Apollo Hospitals) decided by the Madras High Court in January 2014. The court upheld the validity of the patent and design but also found no infringement by the defendants. [*long post] Facts The plaintiff along with Professor Mayilvahanan Natarajan (co-patentee) invented various prosthetics for limb salvage surgery. Made of titanium alloy or medical grade stainless steel, ‘Custom…


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Patent

Expired Patents, Injunctions and Commercialization


The following post discusses two recent patent cases where the relief of permanent injunction became infructuous due to the expiration of the impugned patents. A related issue of commercialization of patents is also briefly discussed. U. Varadaraya Nayak v S.K. Anand, Del HC: In this case, the patentee a retired school teacher obtained a patent for an invention titled ‘twin blade razor’. The inventive feature of the blade was the “novel manner in which the holes are positioned in relation…


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