Author name: 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.

Legislation Drafting Challenge by Daksh

/ By / Others

Daksh, a non-profit organisation dedicated to the improvement of democratic governance in India has announced a Legislation Drafting Challenge. The themes for the challenge are a) Transparency in Governance and b) Electoral Reforms. Participants are free to choose specific subject areas under these themes. Every team must consist of 5 members. Moreover, there is no cap on the number of teams from every institution. The proposed draft bill must cover the following aspects: the need for the legislation, the financial …

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Rethinking Intellectual Property in Developing Countries

/ By / Innovation, Patent

This post is based on a recent article written by Issac Rutenberg and published in the Guardian on the issue of whether the western notion of IP rights as seen in the TRIPS framework is suitable for developing countries. The author takes Kenya as an example to prove his case.The post looks at the extremely low numbers of patents issued by the Kenyan Patents Office compared with developed countries such as the US. He stresses on the fact that only …

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Pratibha M Singh Cambridge Scholarship

/ By / Others

Last week, we had a guest post that provided a detailed IP LLM guide for those aspiring for admission to foreign universities. We now have very pleasant news for those aspiring to study Intellectual Property Rights Law in the Faculty of Law, Cambridge University- the newly instituted Pratibha M Singh Cambridge Scholarship. Started by Ms. Pratibha M Singh, one of India’s leading IP litigators, the scholarship is intended for students currently residing in India, who have a strong and genuine …

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Indian Heritage Society v. Meher Malhotra [CS(OS) 2717/2011]- copyright infringement and diplomatic immunity

/ By / Copyright

An interesting case involving diplomatic immunity and copyright infringement was heard by the Delhi High Court recently. The parties were the Indian Heritage Society and another (plaintiffs) , represented by Mr. Pravin Anand and Ms. Tanvi Misra and Meher Malhotra (defendant), represented by Mr. Vikram Dogra, Mr. Samrat Nigam and Ms. Ankita Mahajan.  The facts were that an Annual Day Event was organised by the plaintiffs in February, 2011. The 2nd defendant, daughter of the Ambassador of Ecuador in India, …

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Bombay High Court grants interim order in favour of Mumbai based logistics firm on trademark infringement and passing off case

/ By / Trademark

‘P.N. Writers & Co’ have recently won a case of trademark infringement and passing off against their competitors ‘ Writers Packers & Movers Pvt Ltd’ at the Bombay High Court. ‘P.N. Writers’ (plaintiff) submitted that it has a trademark in the term ‘Writer’ and provides its services through its divisions, Writer Relocations and Writer Information Management Services. Writers Packers and Movers Pvt Ltd (defendant) engages in similar functions as the Plaintiff. Plaintiff submitted that as the Defendant was infringing on …

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Principles of Natural Justice and amendments to patent applications

/ By / Patent

Recently, the Bombay High Court issued an order with respect to the issue of application of principles of natural justice with respect to amendment of patent applications. In the case, HUL had submitted a patent application with a complete specification. Following this, the patent application was published in the Official Journal of the Patent Office. Thereafter, a First Examination Report was issued by the IPO. Tata Chemicals filed their objection to the Patent application. Consequently, pre-grant hearings between both parties …

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Reckitt v. HUL- the tale of comparative advertising

/ By / Comparative Advertising, Trademark

In the last week of September, the High Court of Calcutta issued a judgment on the issue of comparative advertising in the dispute between  Reckitt Benkiser (India) Ltd. v. Hindustan Unilever Ltd.  This is the third matter between the two parties on the issue of comparative advertising. Our posts on the earlier two matters can be found here and here. The dispute was with respect to four advertisements published by both parties concerned. The first advertisement portrays Dettol Kitchen Gel …

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Ordinance declares potential imprisonment upto 7 years for piracy

/ By / Copyright

The West Bengal State cabinet has cleared a new ordinance that provides for a minimum term of imprisonment and amount of fine of three years and Rs. 25000 and a maximum term of imprisonment and fine of seven years and Rs. 100000 respectively for piracy offences. The ordinance is touted to be for the benefit of the singers and other artists in the film industry who were suffering huge losses owing to the rampant piracy of audio and video CD’s …

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Extension granted for the Competition Commission’s investigation into Google

/ By / Competition Law

 The Competition Commission has granted extension to its Director General to complete its investigation into the alleged unfair market prices indulged in by Google. The complaint against Google was that Google was using its dominant position in the market (it accounts for 90% of the Internet search engine market in India) to favour certain platforms under certain categories and was hence acting in a discriminatory manner.  As the Competition Commission was satisfied that there existed a prima facie case against …

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Call for Papers: Indian Journal of Law and Technology, student-run journal of NLSIU, Bangalore

/ By / Others

The Indian Journal of Law and Technology is pleased to invite submissions for its 10th Volume due to be published in 2014 The Journal The Indian Journal of Law and Technology (IJLT) is a student-run open-access law journal published annually by the National Law School of India University, Bangalore, India (NLSIU). We take pride in the fact that IJLT is the first and only law journal in India devoted exclusively to the law and technology interface. Previous issues have featured …

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