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.

Make My Trip/Tours/Travel/Yatra/Journey: Are you confused?

/ By / Trademark

Recently, in an action of infringement and passing off brought by Make My Trip Pvt Ltd, the Delhi High Court granted an interim injunction restraining Make My Tours Pvt. Ltd from using their mark ‘Make My Tours’. The plaintiff was originally incorporated as “Travel by Web Private Limited” in 2000 and later changed its name to “MakeMyTrip (India) Pvt. Ltd” in 2002. The plaintiff, through its website http://www.makemytrip.com, offers a range of travel services and products, from air/train/bus tickets to […]

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SpicyIP Events: IP Emerging Issues

/ By / Event

University of Washington School of Law and Indian Society of International Law is organizing an exciting event on January 16, 2015 on ‘IP Emerging Issues Dialogue’. Many distinguished speakers from around the world including judges from the U.S., Australia, India, academics from Thailand, U.S., Japan, China and India, representatives from the WIPO, USPTO, Bayer (Germany), Microsoft (India) will be speaking on a global IP issues, Role of Patents in Medical Science Innovations, Access to Health Care, and Standard Essential Patents. Our

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Patent extinguished due to non payment of annuity

/ By / Patent

I used to think ‒ ‘he said, she said’ ‒ the classic ‘blame game’ rooted in miscommunication ‒ was the exclusive domain of love stories of 20 year olds. Apparently not. This blame game seems to have transcended from whimsical love stories to graver issues of patents. I was reading ‘IP Expressions’ and it is clear that payment of fees by the patentee, to keep his patent alive, has been around for eons! But this seemingly harmless administrative procedure has

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Parents Beware: ShriRam School Trademark Dispute

/ By / Trademark

Parents would never have dreamt that their sad lot would feature in an IP post 😉 As if spending sleepless nights mulling over school admissions for their children was not enough, parents now have the added woe of trying to identify which school is the original and reputed one! With alleged copycats floating around – making parents’ lives more miserable! Would you be deceived into thinking that ShreeRam World School is in some way associated with Shri Ram School? Well,

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Latest on IP Think Tank: Stale questions and answers at the Rajya Sabha

/ By / Copyright, Innovation, Others, Patent, Trademark

As Voltaire said “Judge a man by his questions rather than by his answers”. This an effective yardstick atleast for judging our Parliamentarians who are vested with a lot of power to question and scrutinize. But are they really asking the right questions? The national Think Tank to draft an IPR policy for India, which was recently appointed by the Government of India, has been mired in controversy. As Swaraj reported here and here, the appointment of this think tank

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Irregularity in patent restoration matters?

/ By / Patent

This post deals with a challenge to a patent restoration application that was allowed in contravention of Section 60 of the Patent Act. The Petitioner, the winning party in this case, was represented by Anand and Anand. In 2009, the Controller of patents issued a renewal certificate to respondent No. 2 for restoring its patent no. 186320. The petitioner, Sanat Products challenged this renewal by way of a writ petition in 2010. The petitioner argued that the respondent’s patent could

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Pre grant opposition: Combination Antibiotics

/ By / Patent

Venus Remedies Ltd. (the applicant) filed an application for an invention titled “Parenteral Composition Comprising Ceftriaxone and Vancomycin for Bacterial Resistance and Process of Preparation Thereof” (Decision). This invention is directed to overcome resistance caused by Methicillin resistant Staphylococcus aureus bacterial strains (bacterial resistance to antibiotics). The application was opposed in a pre grant opposition by (Akums Drugs & Pharmaceuticals) on the grounds of lack of inventive step as required under Section 2(1)(j), 2(1)(ja) and 2(1)(l) and also on the

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Patent Office Decision: Pre-grant Opposition on Traditional Knowledge

/ By / Patent

The Development Center for Biotechnology  (a Taiwanese Company) filed a patent application on 16th November 2007 for an invention titled as “A Pharmaceutical Composition And Process Thereof For The Preparation Of Plant Extracts For Treating Skin Disorders And Enhancing Healing Of Wounds” (provisionally numbered as 1556/KOL/2007) (PRE GRANT 1556 KOL 2007. Decision by the Deputy Controller of Patent: T. V. Madhusudhan). The invention relates to the processing, extraction, composition and use of extracts of a plant Plectranthus amboinicus (about Plectranthus amboinicus).  Claims

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Pudin Hara Advertisement Dispute: A Fiery Duel-Time to Cool It?

/ By / Copyright, Trademark

The present case (here) deals with a trademark and copyright infringement dispute related to an advertisement campaign. Unlike traditional trademark cases, where the mark in issue is used on the product and literally ‘in the course of trade’, the marks in this case are used only in the advertisement and not on the product itself. With the development of communication and technology, the law of trademarks now recognizes slogans, visual images forming part of television advertisements that may lead the

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Breaking News: Delhi HC: Non Compliance with Section 8 not an automatic route for revocation of patent

/ By / Patent

Yesterday, the Delhi High Court in Sukesh Behl V. Koninklijke Phillips Electronics (Division Bench. Maj. Behl Vs Philips-DB1-DHC 7.11.2014) passed a significant decision with regard to Section 8 of the Patent Act 1970. It ruled that a patentee’s non compliance with Section 8 of the Patent Act will not lead to an automatic revocation of its patent under Section 64(1)(m). As per the decision, it is necessary to check whether the omission to disclose information under Section 8 was deliberate/intentional or

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