Competition Law Patent Unfair Competition

iBall v. Ericsson: CCI Continues to Toe the Line Amidst Judicial Ambiguity


In yet another Order where the CCI continues to be insistent on exercising jurisdiction in SEP matters, the Commission, proceeding from a complaint by iBall, directed the DG to complete an investigation against Ericsson. This adds to jurisprudence that shows the CCI as being adamant to exercise jurisdiction in matters where there is genuine confusion as to its reach. In 2011, Ericsson issued a letter to iBall making clear its belief that its patents, which were directly relevant to iBall’s…


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Others

Spicy IP (Belated) Weekly Review [April 19-25, 2015]


The highlight of the week goes to Prashant’s guest post where he throws light on the on-goings in the drug-regulatory arena in India. He notes that the Ministry of Commerce has stepped in, not one but twice, to undercut the Ministry of Health, sabotaging the latter’s efforts to strengthen central regulation of the Indian pharmaceutical industry on several levels. He notes that the Ministry of Commerce has continually spoken out of turn. In the cases of Ranbaxy’s penalty by the USFDA…


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Events Others

Essay Competition on FRAND: India Perspective by CIPR, NUALS


The Centre for Intellectual Property Rights, National University of Advanced Legal studies, Kochi announces its first CIPR CIPR National Essay Competition, 2015. It affords an opportunity to law students to express their views on the theme FRAND: India Perspective. The submissions are required to be on the following subtopics: The Contemporary issues involving FRAND The applicability of foreign decisions dealing with FRAND, to the India scenario The economics and politics of FRAND and nexus to Law. The Competition is open…


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Others

Spicy IP Weekly Review (March 29 – April 4, 2015)


We covered a wonderfully wide variety of concepts over this past week – a dual takedown of PPL and IPRS, Net Neutrality, Trade Secrets, Copyright in light of parodies, more comments on the Draft IPR Policy, Open Source Software, FRAND Litigation, a new centre for IP and Plagiarism. However, the highlight of the week goes to Rupali’s powerful two-part post analyzing Shreya Singhal. In the first part, she briefly discusses the findings in relation to Section 66A and 69A of…


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Others

Missed Opportunities and Confusing Precedents: Airef Engineers (P) Ltd. v. Vinod Shetty, Delhi High Court


Earlier this month, the Delhi High Court ruled on Trade Secrets and other confidential information in Airef Engineers (P) Ltd. v. Vinod Shetty.  In an ex parte ruling the Court granted an injunction against an ex-employee of the petitioner-company without really identifying a prima facie case that the defendant had such information or that he had in any way misappropriated it. In this relatively short decision by Justice Najmi Wazri, the Court seems to have passed on an opportunity to…


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Events

IPR Workshop on Patent Strategies in EU for Pharma and Biotech [April 30, 2015 (Hyderabad)/ 1 May, 2015 (Mumbai)]


Professor Heinz Goddar, Senior Partner, Boehmert & Boehmert and his colleagues are conducting two one-day workshops that will provide comprehensive insight into recent developments at  the European Patent Office and case law. This will be followed by analysis and practical considerations on how the law affects claim and specifications in Europe, with specific reference to Germany.  The workshop will be held in Hyderabad on April 30, 2015 and in Mumbai on May 1, 2015.               . The…


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Others

SpicyIP Weekly Review (March 8–14, 2015)


In the highlight of this week, Shamnad Sir reported a victory in his writ petition before the Madras High Court which challenged the constitutionality of provisions relating to the Intellectual Property Appellate Board (IPAB). In this first round, which started in 2011, critical provisions of the Trademarks Act which provide for the establishment of the Board were struck down as unconstitutional. Shamnad Sir wrote that the Court held the provision providing for government officers to be elected as judicial members…


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Uncategorized

Approach to Trans-border Reputation and Territoriality: India-US Poles Apart?


Marty Schwimmer and John Welch, counsels for Belmora LLC brought our attention to a decision of the US District Court for the Eastern District of Virginia (Alexandria Division) earlier this month that was ruled in favour of Belmora. The case deals with the question of Art. 6bis of the Paris Convention (which deals with well known marks) and how it is accommodated within the overarching Principle of Territoriality. This post briefly analyses the case and looks into the equivalent position…


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Uncategorized

SpicyIP Weekly Review (February 15-22, 2015)


The highlight of the week was Kartik’s two-part post where he provided a hard-hitting, break-down analysis of the GIPC Index, 2015. In the first part he highlighted that the goal of the Index is to appease major industry lobbies, much like last year. With the focus on the pharmaceutical industry, he argues that a baselines assumption is established without really explaining how that helps innovation. He also opines that the Index turns a blind eye to the relationship between IP…


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Others

MHRD IPR Chairs- The Anarchy and Hollow Attempt at Development of IPR in India


The current (non) working of the MHRD IPR Chairs is one of the many ways the country is holding back on development of IPR research and policy in the country. Ideally, this development must be fast-paced. However, the lackadaisical nature of the entire institution of these IP Chairs has become even more evident recently and unfortunately there has been very little (no?) development at all. In November, 2014, the Centre for Internet and Society (CIS) carried a post highlighting how…


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