Inika Charles

Inika is a fourth year student at National Law University, Jodhpur, and is on the founding Board of Editors of the Journal of Intellectual Property Studies. She has a strong interest in Intellectual Property, and is fascinated with the intersection of IP with Technology and Media law. Annoyingly insistent that you pronounce her name right, (Eye-nika); she's an avid football fan, and is very appreciative of dark humour and Game of Thrones theories. You can contact her at [email protected], or on Twitter: @inikacharles

Patent

Delhi HC Seeks Explanation for Denial of Xtandi Patent


The Delhi High Court passed a pertinent order on 2nd March, 2017 in the case of The Regents of the University of California v. Union of India (read the order here). While the order does not go into details, and merely directs the counter-affidavit to be filed within four weeks, media reports indicate that the Court has asked the Centre to explain on what basis the Indian Patent Office rejected the University’s patent application for Xtandi, their prostate cancer drug….


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Trademark

Bombay HC Full Bench Rules on the Interplay Between Sections 29(4) and 29(5) of the TM Act – Part I


A Full Bench of the Bombay High Court, consisting of Justices A.S. Oka, A.A. Sayed and A.S. Gadkari pronounced their decision in the matter of Cipla Limited v. M/s Cipla Indsutries Pvt. Ltd. on March 1, 2017 (read the order here). This decision is of extreme importance as the Honourable Chief Justice directed that the matter be placed before a Full Bench, following Justice Patel’s recommendation that the 2010 Division Bench (‘DB’) Decision in Raymond Limited v. Raymond Pharmaceuticals (‘Raymond’)…


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Trademark

Bombay HC Full Bench Rules on the Interplay Between Sections 29(4) and 29(5) of the TM Act – Part II


While Part I was concerned with the background to this dispute, this post concentrates on the reasoning of the Full Bench, as well as analyses its jurisprudential impact. Holding of the Court The Court held that the plain language used in sub-sections (4) and (5) answered the questions at hand. It was noted that 29(4) uses the words “in the course of trade” and “in relation to goods and services” which were absent in 29(5). Conversely, “as his trade name…


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Copyright

Copyright-ing Fictional Characters: Bombay HC Permits Release of ‘Rangoon’


There is an interesting copyright dispute brewing at the Bombay High Court over the newly released movie ‘Rangoon’. Wadia Movietone Pvt. Ltd. (Wadia) filed a suit against the director of the movie, Vishal Bhardwaj for alleged copyright infringement regarding his new film, Rangoon. Unfortunately, the order uploaded onto the Bombay High Court website does not go into the factual background, or the arguments made by the parties, but permits the conditional release of Rangoon. Justice K.R. Shriram stated that while…


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Others

SpicyIP Weekly Review (February 26 – March 4)


Starting off the week, Pankhuri brought us a reminder on the upcoming deadline for the SpicyIP Fellowship 2017-18. Applications close in five days (the 10th of March), and please refer to her post for all relevant details on the Fellowship. Our highlight of the week is Prateek’s detailed six-part post on a series of European cases that deal with shape and functional trademarks: In Part I, Prateek introduced his six-part series by first, reproducing Indian and European law on the…


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Copyright

Printing the Bhagavad Gita: Copyright Protection of Translations


The Bombay High Court recently passed an interim injunction to restrain publication of a translated version of the Bhagavad Gita by Thomson Press. (Read the order here). The Bhaktivedanta Book Trust (“BBT’) claimed copyright in Srimad Bhagvatam, a translated, reprinted version of the Bhagavad Gita. BBT contested that Thomson Press had reprinted a ‘classic’ version of Srimad Bhagvatam, a translation in which they held copyright. Further, they argued that there was no license agreement for the publication of this and…


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Trademark

Trademark Protection amidst the Jolly LLB 2/Bata Controversy


  The State v. Jolly LLB 2 (“Jolly LLB 2”) isn’t having an entrance as cheerful as one would expect from its title, as it seems to have found itself in the middle of several legal issues. While their run in with the censor board was recently resolved, I will be focusing on the question of trademark disparagement, infringement and dilution with regards to their spat with Bata. Background Although the Central Board of Film Certification (“CBFC”) had cleared Jolly…


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Copyright

Sony Music v. Raj TV: Reading between the Lines


On the 12th of December, 2016, the Madras High Court passed a brief order in the case of Sony Music Entertainment India Pvt. Ltd. v. Raj Television Network Ltd. (read the order here). The Court restrained Raj TV from using the sound recordings and images owned by Sony, as well as synchronizing Sony’s underlying musical and literary works with visuals to create cinematographic films. While the order doesn’t go into the specifics of the factual background, Sony Music filed this…


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Trademark

The Flintobox Story: Of Amazon’s ‘Automated Keywords’ and Google’s Adword Policy


Flintobox, a Chennai-based startup that focuses on child development, is a name that has been buzzing around the news recently. On the 19th of December, 2016, Arunprasad Durairaj, one of the founders of Flintobox, uploaded a blog post that turned into a social media campaign within a couple of days. He shared their conflict with Amazon and Google with regard to Amazon’s use of adwords that mirrored Flintobox’s registered trademark. Such use resulted in directing away traffic that was presumably…


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Others

SpicyIP Weekly Review (January, 1-7)


First things first – we at SpicyIP wish our readers a wonderful year ahead! Our topical highlight of the week is our coverage of the landmark first decision to deal with Summary Judgements under Order 13A of the Civil Procedure Code – by the Delhi High Court in the case of Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. I first summarize the facts of the case, before listing the highlights of the order: The Court stressed…


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