Author name: J. Sai Deepak

WIPO Rules in Tata’s Favour on Cyber-squatting

/ By / Uncategorized

In a decision delivered on the 25th of last month, WIPO ruled in favour of Tata sons requiring Gurgaon-based travel portal MakeMyTrip to transfer the domain oktatabyebye.com to Tata. On behalf of Tata, it was submitted that ‘TATA’ is a well-known and registered trademark and service mark over which Tata, being the registered proprietor had statutory rights as well as common law rights by virtue of a long and continuous use. Therefore, there was scope for confusion in the minds […]

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Claim Construction II

/ By / Patent

In the last post on claim construction, I had discussed a few preliminary principles; pursuant to requests from readers asking for concrete examples to explain the principles better, I did a bit of reading and thought it best to explain the application of the principles using judgments, instead of merely parroting a standard list of dos and donts on claim construction. I shall discuss a judgment which was delivered early this month in Exergen Corp. v. S.A.A.T Systems by the

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A Desi Model for Affordable Healthcare?

/ By / Drug Regulation

In few posts earlier, SpicyIP has dealt with the issue of affordable healthcare without taking sides (neither pro-big pharma nor pro-generics). Continuing in the same vein, in this post we shall consider alternative effective and cost-effective indigenous models for providing affordable and accessible healthcare to Indian consumers. In an interesting article in the Outlook, a model adopted by authorities in Chittorgarh (this hallowed town in Rajasthan needs no introduction) has been lauded. According to the article, prices of essential medicines

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SpicyIP Tidbit: Glasgow Wants Protection for Chicken Tikka Masala

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After calls for a GI for Birmingham’s Balti dishes on which Sumathi had blogged early last month, it is now chicken tikka masala’s turn. According to the Financial Times, an MP from UK’s Labour Party, Mohammed Sarwar, has asked for a European Union protection in the form of a Protected Designation of Origin (PDO) to be granted to the dish as a “Glasgow Recipe”. He claims the dish was created in Glasgow’s Shish Mahal restaurant in the 1970s (Wikipedia too

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Cipla Attracts NPPA’s Attention Again

/ By / Drug Regulation

Cipla has become an NPPA magnet given the number of times it has run into trouble with the latter which has yet again issued notices on alleged overpricing by Cipla of two drugs Salbutamol (prescribed for asthma) and Norfloxacin (prescribed for infections). According to the Economic Times, based on a filing by Cipla at the Bombay Stock Exchange, the company has received two demand notices, one for Rs 64.39 crore, which includes Rs 43.29 crore, allegedly overcharged, and interest of

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Design v. Copyright- Need for a Clear and Rational Distinction- III

/ By / Copyright, Design, Overlaps in IP

Continuing our discussion from the last two posts, we shall now move on to the judgment of the Division Bench of the Delhi High Court in Microfibres. Before I proceed any further, my apologies to the readers for the delay in rounding up this discussion. At the expense of sounding repetitive, here are the conclusions and propositions made in the last two posts.1. A work which is capable of being registered as a design under the Designs Act, 2000 would

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Design v. Copyright- Need for a Clear and Rational Distinction- II

/ By / Copyright, Design, Overlaps in IP

In the last post, I had given a prelude to the controversy surrounding s.15 of the Copyright Act stating that (1) anything that is an “artistic work” under the Copyright Act cannot be protected under the Designs Act, 2000 and (2) a work which is capable of being registered as a design under the Designs Act, 2000 would not be entitled to protection of any kind from either the Copyright Act or the Designs Act, 2000 so long as it

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Design v. Copyright: Need for a Clear and Rational Distinction- I

/ By / Copyright, Design, Overlaps in IP

In an earlier post, Mihir had crisply and clearly brought out the conundra posed by s.15 of the Copyright Act in drawing a distinction between works protectible under the Designs Act and those which may be bestowed with copyright protection, using 2 judgments delivered by the Delhi HC, one by the Division Bench in Rajesh Masrani v. Tahliani Design and the other by a Single Judge in Microfibres v. Giridhar. On the 28th of last month, the Division Bench of

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Claim Construction I

/ By / Patent

In the last few posts, Mr.Basheer has mooted a wonderful discussion on claim construction. One would like to contribute to the same in the form of a few posts on the rudiments of claim construction. Since SpicyIP has very many readers whose knowledge of claim construction is formidable, contribution to the discussion would be greatly appreciated for it would help clarify conceptual comprehension as well as provide pointers to readers in general. The question which usually arises first is why

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Are Patents a Hindrance to Low-Carbon Technology?

/ By / Patent

Looks like there will come a day when patents will be held responsible for all the evil in the world. The latest sin it is accused of is hindering access to low-carbon technology, but fortunately it so happens there are a few sensible and lucky people who manage to make their point despite the all-engulfing din. An article entitled “The Debate Surrounding Patents and Low Carbon Technology Is Heating Up” written by Tim Wilson (Director of the IP and Free

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