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Kiran George

Kiran Mary George is a Third Year student at ILS Law College, Pune. Her first stint in the world of Intellectual Property law was an internship with a registered copyright society that granted her an insight into the world of copyright in music. Since then, her interest in IPR has taken strong hold, and she enjoys keeping close tabs on developments in the field. She is still discovering her interests, but so far takes a special liking to open access, copyright and trademarks.

Patent

The Indian Patent Office : Paralysed by Procedural Bottlenecks? (Part II)


(In the first part to this post, I had discussed at length two particularly stubborn maladies that plague the administrative system of the Indian Patent office. In Part Two here, I discuss three more hurdles that obstruct the salubrious functioning of the IPO. The disclaimer stated earlier continues to stand: The posts are representative of the state of affairs during Chaitanya Prasad’s tenure as CGPDTM – we hear that the place has been materially spruced up and affairs brought in…


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Patent

The Indian Patent Office : Paralysed by Procedural Bottlenecks? (Part I)


(At the outset, I’d like to mention that a large portion of the content in this two part post has been based on information received from an unnamed source. The posts are representative of the state of affairs during Chaitanya Prasad’s tenure as CGPDTM – we hear that the place has been materially spruced up and affairs brought in order since OP Gupta assumed office in November 2015. I’ve attempted to present a balanced view on the subject and would…


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Others

SpicyIP Weekly Review (21st March – 27th March)


SpicyIP Highlight of the Week ! Our Highlight of the week was definitely Balaji’s post, where he delved into the recent controversy surrounding the Government’s alleged ‘private reassurances’ to the US-India Business Council that it would not invoke commercial licensing for commercial purposes. He notes that while the government’s long over-due press release, where it explicitly denounces the reports making the said allegations as being factually incorrect, is certainly welcome, he ponders over whether there is more than what meets…


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Trademark

Delhi HC clarifies the scope of “person aggrieved” under Section 47 of the Trade Marks Act, 1999


In the present case, a writ petition had been filed by Adidas before the Delhi High Court, challenging the ex-parte order issued by the Intellectual Property Appellate Board’s (IPAB) dismissing the rectification application filed by Adidas under Section 47 for the removal of the ‘RESPONSE’ mark registered by the respondent. Adidas’ RESPONSE mark has been in use in respect of footwear and apparel across various countries, and has been registered as a trademark in USA and Germany under Class 25. It appears…


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Others

SpicyIP Weekly Review(28th February to 5th March)


SPICYIP Highlight of the Week! Our SpicyIP Highlight of the Week was definitely Shamnad’s sir’s post, where he expressed his disappointment at the patent office’s reprehensible efforts at deterring members of the public from accessing the patent opposition hearings in the Sovaldi case, and more so in the light of the national as well as  international attention that the case has garnered. Further, he writes that the act is in direct contravention of Rule 139, that mandates that hearings in…


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Others

SpicyIP Weekly Review (31st Jan – 21st Feb)


SPICYIP HIGHLIGHT In a fantastic two-part follow-up to Part I of his series on Specialised IP Courts, Shamnad sir critically examines the functioning of specialised IP tribunals in India. In Part II, he thoroughly explores various nuances of the IPAB’s working and operation since it came into existence more than a decade ago, and its performance thus far, on four substantial counts – its constitutional competence, its pendency rates and its possible – although debatable – institutional bias. In Part…


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Others

SpicyIP Weekly Review ( 17th January – 23rd January)


Our SpicyIP Highlight of the Week was definitely Balaji’s post breaking the news of the IPO’s rejection of Lee Pharma’s application for a Compulsory License against AstraZeneca’s patent for the anti-diabetic drug Saxagliptin (see here). He notes that the rejection signals the end of the third compulsory license application in India, after Natco v. Bayer and BDR v. BMS. He goes on to discuss the details of the order in his next post. Next, Shruthi announced the commencement of the…


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Trademark

Right of Publicity in India – An Unfinished Story


(This post summarizes a recent matter that had the Delhi HC delving into the subject of publicity rights, and goes on to examine the current degree of legal recognition accorded to publicity rights in India) The present matter had Cyrus Pallonji Mistry, the Chairman of the Tata Group suing the defendant for refusing to part with two domain names that the latter owned in the former’s name – www.cyrusmistry.co.uk and www.cyrusmistry.co . It appears that the domain names were created barely a month after…


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Others

SpicyIP Weekly Review (21st December – 2nd January)


SpicyIP Highlight of the Week ! In this week’s highlight, I looked into the complexities associated with using a colour mark as a pharmaceutical trade dress, in the light of the trade mark infringement suit filed by AstraZeneca against Dr. Reddy’s alleging infringement of the former’s trademark for the purple colour of AsraZeneca’s antacid pill, Nexium, by Dr. Reddy’s generic version of the pill. Noting that the high standards of distinctiveness and likelihood of confusion required to be proved in…


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Events

SpicyIP Event : ILS Law College to host National Seminar on “Current Issues in Intellectual Property Laws in India”.


We’re pleased to bring to our readers’ notice that the Intellectual Property Cell of ILS Law College, Pune is organising a National Seminar on “Current Issues in Intellectual Property Laws in India”. The exciting highlight is that all three Indians on MIP’s 50 Most Influential IP Personalities (covered here) are scheduled to attend the seminar ! Please find the details of the seminar below: Due to the growing importance of Intellectual Property laws in today’s business and legal environment and the…


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