Inika Charles

Inika is a fifth 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. You can contact her at [email protected], or on Twitter: @inikacharles

Trademark

Plain Packaging and Investor-State Disputes: Part II

by Inika Charles July 25, 2016

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Picking up from my previous post, where I had examined Uruguay’s victory over Philip Morris in light of other successful plain packaging regulations; I now delve into the merits of the Philip Morris-Uruguay award, as well as examine the question of expropriation of trademark rights. For background reading on this issue, we have widely covered both International as well as Indian developments in plain packaging laws in the past. More specific to plain packaging in light of Investor State…

Trademark

Plain Packaging and Investor-State Disputes: Uruguay wins monumental victory against Philip Morris: Part I

by Inika Charles July 12, 2016

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On the 8th of July, Uruguay won (links to: the award, and a summary of the case) a hard-fought battle in the Investor-State Dispute Settlement (ISDS) proceeding brought by Philip Morris before the ICSID Tribunal. This is a decision of immense importance not only for Uruguay, but also for other countries that are currently considering plain packaging policies for tobacco products. The ICSID Tribunal upheld Uruguay’s regulations on public health and plain packaging, and even directed Philip Morris to pay…

Patent

Ericsson v. Lava – Delhi HC passes interim injunction for Lava to stop manufacture and sale

by Inika Charles July 10, 2016

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India’s smartphone patent war rages on, and its latest development is Ericsson’s provisional victory over Lava. The Delhi High Court passed an interim order in the ongoing case of Telefonktiebolaget LM Ericsson v. Lava International Ltd. which, operative from the 21st of June 2016, is an injunction order that prevents Lava from importing, exporting, manufacturing, and selling any mobile phones that use Ericsson’s patents and technology. Although this is binding only until a final order is passed, it seems unlikely that much…

Trademark

The Sky’s the limit on trademark overreach

by Inika Charles June 30, 2016

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In this post, I focus on the practice of trademarking descriptive and common terms under the umbrella of ‘secondary meaning’, and how the overreach of such protection might have adverse consequences for the public domain. This week, No Man’s Sky, a highly anticipated video game settled a three-year long dispute with Sky UK Limited (formally British Sky Broadcasting), which gives them the right to use the word ‘Sky’ in their title. This is the first defeat in what seems to…

Others

SpicyIP Weekly Review (19-25 June)

by Inika Charles June 26, 2016

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Our Highlight of the Week was quite clearly Shan’s important announcement of the Government now allowing upto 74% Foreign Direct Investment in existing pharmaceutical companies through the automatic route as brownfield investment. Although 100% FDI was already permitted on obtaining approval from the Foreign Investment Promotion Board, she notes that this should lead to an increase in deals in the pharma sector. In what she calls an uphill task, there will have to be a balance maintained between a foreign…

Patent

Flying cars in India by 2018?

by Inika Charles June 22, 2016

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[This post was co-authored with Madhulika Vishwanathan] Flying cars. We’ve grown up with the fantasy – the Jetsons, Harry Potter, and then a flurry of sci-fi movies. We’ve all watched enthralled as Elroy and Judy Jetson travelled to school in their flying car capsule. Commuting on a daily basis via a flying car might become a reality in the near future, as PAL-V Europe NV a Dutch based company, prepares to launch a flying car in India. As seen…

Others

Of judicial [un]appointments, double standards and the United States’ crumbling facade of multilateralism

by Inika Charles June 21, 2016

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In what is being called a legitimacy crisis, the WTO faces the vacation of two Appellate Body (AB) seats as the United States has, in an unprecedented move – opposed the re-appointment of Mr. Seung Wha Chang, from South Korea. And in what seems to be a knee jerk reaction, South Korea has now announced their opposition to the re-appointment of any AB members, bringing their number down from seven to five – as it is only Ms Yuejiao Zhang…

Innovation Patent

Rectangles with rounded corners – Caltech, the newest entrant to Apple’s Patent War

by Inika Charles June 5, 2016

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“It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners,” Samsung said in a statement following the 2012 verdict that went against them. Standing strong that the decision was not the last word on the matter, the much awaited appeal to the Supreme Court is to be heard in October this year. In a similar statement, Tim Cook applauded the decision for the loud and clear message that it sent:…

Praharsh Gour { Hey Anon, Thank you for the comment and bringing this decision to my knowledge. I can only agree with you on this point. In fact if you read... }
{ There is also enough SC case laws to say that the suit can be thrown out if you suppress material facts. Every arguing lawyers favourite case - SP... }
Mathews George { The UK Supreme Court primarily viewed it as a contract law dispute. And based its reasoning on internal and external contexts surrounding the ETSI Policy. Having said that,... }
Praharsh { Dear Anon, Please note this second post is about when the trial phase is not being dispensed with, whereas Prof Basheer's paper is advocating the doing away of... }
{ Disappointing that none of professor Basheer's scholarship was cited in this post - he has an entire paper on whether interim injunctions are required in patent cases. }