L. Gopika Murthy

Gopika is a fourth year student at National Law School of India University, Bangalore. She was formerly the Chief Editor of the Indian Journal of Law and Technology. Her first exposure to Intellectual property law and SpicyIP was through the University Moot Rounds at NLSIU, Bangalore in her first year. She has been regularly following the developments in the field of IPR since then and she hopes to contribute to the reporting of such developments. Her areas of interest in IP include copyrights, open access, fair dealing and trademarks.

Copyright

Standard Corporation India Ltd. v. Tractors and Farm Equipment Ltd- the copyright-design conundrum


(This post has been co-authored with Aparajitha) Earlier this month, the Madras High Court heard the matter of Standard Corporation India Ltd. v. Tractors and Farm Equipment Ltd, an appeal on an order passed in 2012 in a civil suit that dealt with copyright and design law. The respondent (plaintiff in the original civil suit) had contended that the appellant was slavishly imitating the tractors manufactured by it, thereby infringing on their copyright in the artistic work in the drawing for its tractors. The appellant…


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Others

SpicyIP Tidbit: Sun Pharmaceuticals-Ranbaxy deal


Sun Pharmaceuticals, one of India’s largest drugmakers is acquiring competitor Ranbaxy Laboratories for $3.2 billion from Japan’s Daiichi Sankyo Co. Daiichi Sankyo, the majority shareholder in Ranbaxy will acquire a 9% stake in Sun Pharmaceuticals after the deal and also has an option to send a board member to Sun Pharmaceuticals. This deal, which comes when Ranbaxy is under some regulatory scrutiny in the USA (according to media reports), will catapult the combined entity to India’s largest pharma company and…


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Copyright

Phonographic Performance Limited v. Spring Club- copyright societies’ protection of members’ copyrights


Recently, the Delhi Court issued an order in the matter  of Phonographic Performance Limited v. Spring Club, dismissing the Defendant’s application for rejection of plaint under O. VII R.11, CPC. The suit has been instituted claiming infringement of copyright under the Copyright Act, 1957. The Defendant has applied for rejection of plaint on the ground that the suit is barred by law and that the plaint does not disclose a cause of action against the defendants.The Court noted that it was a settled proposition…


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Patent

Novartis obtains injunction against Wockhardt regarding vildagliptin


Novartis and Wockhardt appear to be crossing horns with each other at the Delhi High Court as well as the IPAB regarding the popular anti-diabetes drug vildagliptin recently. The proceedings before the High Court was an application for injunction filed by Novartis while the IPAB was hearing a revocation petition filed by Wockhardt. The dispute arose as a result of the permission granted to Wokhardt by the drug regulator to manufacture and sell the drug in May 2013. At the…


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Others

WIPO-WTO Colloquium for Teachers of Intellectual Property


The WIPO and WTO are jointly organising a two week colloquium from June 16-27, 2014 for teachers of intellectual property from developing countries and countries with economies in transition in Geneva. The colloquium is aimed at being a multidisciplinary activity open to lawyers, researchers, university teachers and economists working in the field. The curriculum for the colloquium and other details can be viewed here. The eligibility criteria is an advanced degree and teaching experience in IP law or international law/economics/management…


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Copyright

Delhi HC stays release of Bollywood movie Gulaab Gang


(The release of the movie has now been permitted with a disclaimer that the movie is not based on Ms. Sampat Pal and her work. The stay order by the Single Judge of the Delhi High Court has been vacated by the Division Bench of acting Chief Justice BD Ahmed and Justice Siddharth Mridul. We thank our commentator for bringing this to our attention.) Today, the Hindu carried an article that reported the stay issued by the Delhi HC on the…


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Trademark

Gati Ltd. v. Gati Dance Forum-Trademark infringement


In the last week of February, the Delhi High Court passed its order in the case of M/s GATI Ltd. v. GATI DANCE FORUM which dealt primarily with the issue of an interim injunction in a suit for trademark infringement.  The plaintiff is a company providing cargo management services operating under the name ‘GATI Desk to Desk Cargo’ based in Andhra Pradesh. The plaintiff which began operations in 1989 has specialized in point to point distribution of cargo services where the plaintiff picks up…


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Innovation Patent

The ‘Rise Prize’: The much-needed ‘million-dollar’ encouragement for Indian Innovators


In a hugely welcome development, Mr. Anand Mahindra of the Mahindra group is offering a million dollar challenge to innovators who can provide solutions for two of India’s major problems- traffic stress and electricity shortages. The challenge is to build a driverless car for congested traffic and develop a solar DIY (Do-It-Yourself) kit for household needs. The prize money will be split 70:30 for these solutions respectively. This challenge is part of Mr. Mahindra’s inaugural ‘Rise Prize’ which is aimed…


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Patent

UK Courts set aside £100,000 judgment against Indian law firm in professional negligence suit


In early 2013, Prashant had reported a default judgment of 100,000 pounds entered into by the London High Court against Fox Mandal in a suit filed by one of its former clients for professional negligence in a patent prosecution that had been handled by the firm. As reported by Bar & Bench, this verdict has now been set aside by the High Court itself and the Court of Appeal, England, this month, has refused permission for leave to appeal on…


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Copyright

EBC granted injunction against Lexis Nexis and Thomson Reuters for infringement of their copyright


(This post has been edited for clarification. The earlier post stated that EBC had received an injunction against Thomson Reuters ‘yet again’. To clarify that there isn’t a separate injunction that Thomson Reuters received, this post has been edited to state that it was the earlier ex-parte injunction that has been confirmed.) The District Judge of Lucknow, in January 2014 has confirmed an ex parte injunction order in favour of EBC against Reed Elsevier Corporation for infringing on EBC’s copyright in…


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