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.

Patent

B Braun v PolyMed: Indian Poly Medicure wins medical device patent battle at EPO


As reported by the Economic Times, Poly Medicure (an Indian company that manufactures medical devices) has won a five year long patent battle against B Braun (German medical devices and pharma giant). The patent litigation revolved around B Braun’s patents that cover certain features of intravenous (IV) safety catheters. The EPO revoked two of Braun’s patents after which Braun appealed to the Board of Appeals. However, the appeal was dismissed and the patents of B Braun stand revoked. B Braun…


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Trademark

Delhi HC: Collector’s Choice deceptively similar to Officer’s Choice


The plaintiff is the registered proprietor of the trademark ‘Officer’s Choice’. The mark has been used by the plaintiff since 1988 and the plaintiff obtained registration in 2007. In 2013, the plaintiff found out that the defendant had started selling whisky under the trademark ‘Collector’s Choice’. In order to restrain the defendant from infringing its mark, the plaintiff filed a suit for permanent injunction. (see order here). The court upheld the plaintiff’s arguments and extended the ex parte interim injunction till…


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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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