Trademark

The case of unnecessary confusion and the seemingly innocent Notification!


This post by Sumathi about a seemingly innocent notification expanding the classification of trademarks has attracted a lot of attention on the blog, with practitioners pointing out several operational repercussions that have neither been considered nor addressed. Unanswered QuestionsOne of our esteemed readers, Dr. Sudhir Ravindran (the founding partner of Altacit Global, a Chennai based firm specialising in Intellectual Property Laws) sent us electronic communication with some very valid examples of these unaddressed concerns, which I reproduce for our readers…


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SpicyIP Tidbit: Yoga Asanas soon to be protected by the TKDL


Our regular readers (from back in the day!) will remember Shamnad and Shwetasree blogging a series of posts on the “patenting” of Yoga asanas controversy. While this report from HT suggested that the Government may be stirring up the hornet’s nest once again- we can breathe a sigh of relief– it’s all just a case of “do not judge a new article by the title”. The article seems to suggest that over 900 Yoga Asanas will be included in the…


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Patent

Debating the law of patent opposition: An appeal by any other name would smell just as sweet?


As our regular readers are aware, we have done several posts on the Patent Office, the Patent Office procedures, and more recently decisions of Courts that affect the Patent Office procedure. The UCB Farchim decision delivered by Justice S. Muralidhar is one of them [UCB Farchim SA Vs. Cipla Ltd & Others (MANU/DE/0297/2010)]. While I will not go into a more detailed analysis of the order (that has already been done here, here and here– phew!), I will paraphrase the…


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Trademark

Delhi High Court refuses to give the interim nod to Noddy.


The Delhi High Court was recently called upon to decide what seems like a fairly straightforward case of trademark infringement and passing off, for an extremely well known mark “NODDY”- the same having been made famous by Enid Blyton’s popular books for children.(and being a personal favourite of this blogger as well). The factual matrix of the case very simply is as follows: (Image from noddy.com) – The Plaintiffs are the global owners of the trademark rights for the mark…


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Special IP Courts in the offing?


On World IP day this year (which we had blogged about here), several new initiatives, prgrammes, agenda were announced. Similarly, the Asian Patent Attorneys Association (Indian Group) and the Delhi High Court Bar Association hosted a short seminar in the premises of the Delhi High Court. The programme included lectures/talks delivered by some of the finest Judges in the country, and more than 250 lawyers, controllers, examiners etc., members of the Judiciary including several Judges were in attendance. As our…


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Biological Diversity

BioPiracy in Africa: Take 2?


The Pelargonium Patent case and the ruling that we had blogged about here was hailed as a landmark decision against bio-piracy. It, however, seems to have done little to abate the enthusiasm of companies to set out applying for and sometimes even getting a patents for, what is considered, traditional knowledge of indigenous communities in Africa. Afro-IP, a leading blog on African IP issues, reports on two such controversial grants of patents on the Traditional Knowledge of Tanzania and Kenya,…


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Innovation Patent

SpicyIP Tidbits x 2: Of cow urine and Indian politicians!


Be not fooled by the title of this post, dear readers. Merely combining two very interesting tidbits having caught the SpicyIP Team‘s eye this week, and not trying to draw any parallels here 🙂 Cow Urine brings possible relief to Diabetics Cow urine has long been advocated by some members of the Indian community for supposed medicinal properties. Indeed one of its most famous patrons was our former Prime Minister Morarji Desai, who lived 100 years. However, reports indicate that…


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Innovation Patent

Patents and Innovation: Part II


This article pointed out to the SpicyIP team, led to what Swaraj and I jokingly referred to in one of our conversations as the “blogger wars”. While Swaraj’s post deals with the economics of the entire patenting system, I thought I would present my point of view on the matter a little more conceptually. First off, how has this entire discussion come about? The article, which was the focus of the posts needs to be read a little more carefully-…


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Events

Internship Opportunities at FICCI’s IPR Division


The IPR Division of the Federation of Indian Chambers of Commerce and Industry (FICCI) is inviting applications for internships from law students. Apart from serving as a platform for continuous interaction between the industries and different government agencies, FICCI’s IPR Division also provides feedback to the Government on various policy issues. The Division is also responsible for the preparation of research reports on various IPR issues debated at National/International forums. Interns will have the opportunity to work on policy issues…


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SpicyIP Tidbit: Left with no choice- IPAB just standing around


My response to this post by Swaraj may take a little while – one needs to brush up on one’s fundamentals in economics before putting forth a sound argument to counter his fancy graphs 🙂 However, in the meantime, this very interesting piece of news was brought to my attention over the weekend. The Hindu reports that the IPAB- oft reported about on the blog– is having some problems of its own. And has been having them for a while…


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