Patent

Working of Patents and S.107A(b)


The judgment of the Delhi High Court in Strix Limited v. Maharaja Appliances, is not only written lucidly but also clarifies elegantly, certain contentious provisions of the Patents Act, 1970. The facts of the case are thus: 1. Strix Ltd., the Plaintiff, filed a suit for infringement of its Indian patent (granted in 2005) by Maharaja Appliances, the Defendant. The patent is over a liquid heating vessel which has a container for a liquid, an electrical heating element to heat…


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Copyright

SpicyIP Tidbit: Court Gives the Go-ahead for “Jail”


Madhur Bhandarkar’s movie “Jail”was given the go-ahead by the Bombay High Court in a copyright infringement action instituted by Sushila Sharma, the proprietor of a little known entity called Harsh Raj The Economic Timess. She alleged that the movie infringed the copyright in her film, also titled Jail, which never saw the light of the day. The Court dismissed the allegations saying this was reflective of the increasing tendency to file suits on the eve of release of films and…


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Trademark

Adwords and Trademark Law


We have earlier blogged on the Consim-Google Adwords controversy here and here. In this post, I shall try to make sense of the issues involved in the dispute. But first, what exactly are Adwords? Adwords are advertising keywords which advertisers of products and services may specify so that when the specified keyword is entered as a search string on Google’s search engine, the sponsored advertisement of the advertiser appears on the right hand side of the search results page. Naturally,…


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SpicyIP Tidbit: PIL filed at the Madras HC against GI for Tirupati Laddu


Sumathi ran quite a few interesting posts on the grant of GI to Tirupati Laddu. In the last post, a regular reader of the blog and a scientist from Kerala, Mr.Praveen Raj, posted in his comment that he had written a letter to the Hon’ble Chief Justice of India K.G.Balakrishnan against the grant of the GI, further requesting that the letter be treated as a writ petition. We now have information that a PIL has been filed before the Madras…


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SpicyIP Tidbit: Changing Trends in Grant of Temporary Injunctions in IP Cases


Last month, we had reported on the Indian Supreme Court’s observations on parties in IP cases squabbling over temporary injunctions. Apparently, this view is shared by China’s Apex Court as well. In a short article, Peter Ollier of Managing IP reports a formal opinion expressed by China’s Supreme People’s Court on April 21 on Intellectual Property adjudication. It however comes from a perspective different from that of the Indian Supreme Court; it requires Chinese courts to exercise caution in granting…


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Innovation

SpicyIP Tidbit: Role of Science in Policy-Making


More than a week ago, my attention was drawn to this interesting link to a guide on including scientists in innovation policy making, published by UK’s National Environmental Research Council (NERC). NERC sees itself as an entity whose purpose is to undertake research in areas which have critical public policy implications. This objective requires it to not only communciate the results of its research to those in the corridors of power, but also help the governmental and non-governmental machinery make…


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SpicyIP Tidbits: Bharat Matrimony Sues Google for Trademark Infringement


According to news reports, Consim India Pvt. Ltd, a Chennai-based entity which owns bharatmatrimony.com has sued Google.com for infringement of its trademark by showing search results of its competitors through the search provided on bharatmatrimony.com. According to Consim, the search using Google on the site throws up results of its competitors such as shaadi.com or simplemarry.com, which is an infringement of its trademark. Another news report states that as part of the search results, sponsored competitive advertisements appear, which Consim…


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ATRIP Congress 2009: Horizontal Issues in IP Law


From the 13th to 16th of this month, the International Association for Advancement of Teaching and Research in Intellectual Property (ATRIP) held its annual conference in Vilnius. The event which was hosted by the Faculty of law of the Vilnius University, was a well-organized one and went like clockwork with attention being paid to the minutiae. The theme of the Congress was “Horizontal Issues in IP Law: Uncovering the Matrix” which saw several interesting presentations and discussions on diverse topics…


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Bajaj-TVS Dispute: SC Permits Temporary Sale of Flame, TVS to Maintain Accounts of Sale


In a crisp order on the Bajaj-TVS patent dispute, the Supreme Court ordered that TVS shall be entitled to sell its motorcycle ‘Flame’, but shall maintain an accurate record of all its domestic and international sales. It has asked the Hon’ble Madras High Court to appoint a receiver in this connection. The Court clarified that its observations did not in anyway reflect its position on the merits of the case and the same shall be borne by the Single Judge…


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Patent

Wanted: Scientific Advisors to Assist Courts


The Indian Patent Office has called for applications for the post of Scientific Advisors to assist Courts in patent infringement suits or any proceeding under the Patents Act (Section 115, Rule 103). Applicants must be: Those with a degree in science, technology, engineering or equivalent With 15 years of practical or research experience and Must hold or have held a “responsible post” in a scientific or technical department of the Central or State government or in any organization. The last…


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