Copyright

Aaj Tak v. Newslaundry: Assessing the Fair Dealing Question


Newslaundry Logo

In a recent post, Divij discussed the use of copyright infringement claims by Aaj Tak against the independent media platform, Newslaundry. The videos in relation to which the copyright claims were made contained clips from videos of Aaj Tak’s reporting and as per Newslaundry were used to critique Aaj Tak’s reporting on certain issues. Divij highlighted the use of copyright strikes as a new form of Strategic Lawsuits Against Public Participation (‘SLAPPs’) using the problematic takedown structure of YouTube. In…


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Copyright Geographical Indication Patent Trademark

SpicyIP Weekly Review (September 20- 26)


ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity In this post, Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR ASĀVA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order. Adyasha first provides the factual background and the reasons behind the Single Judge’s refusal of the interim injunction. She notes that the Single Judge agreed with the…


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Copyright Others Patent Trade Secret Trademark

SpicyIP Weekly Review (September 13-19)


Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed” In this post, Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. He first summarises the findings of the Division Bench. He then noted the court’s ruling that the subject matter of…


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Patent

FMC Receives Injunction for Chlorantraniliprole: Coverage-Disclosure, Anticipation, and Issues That Remained Unaddressed


Logo of FMC

The Delhi High Court in a judgment last month allowed FMC Corporation’s (‘FMC’) interim injunction application against Natco Pharma Ltd (‘Natco’) and Best Crop Science LLP (‘Best Crop’). The injunction was sought with respect to FMC’s patents relating to Chlorantraniliprole (‘CTPR’), a product used for making insecticides. This injunction plea came about as the defendant sought to launch a CTPR product which according to FMC would infringe its patents. It is one of the most significant patent disputes to have…


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Copyright Patent Trademark

SpicyIP Weekly Review (July 19 – 26)


Topical Highlight Fear Won’t Take You Anywhere: Delhi HC Revisits Bolar Exception, Rules Apprehensions Cannot Deny Liberty under Section 107A In this post, Praharsh discussed the recent Delhi High Court order vacating an ex-parte interim injunction, allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes. He first summarises the key findings of the order. He then analysed the order and argued that the court rightly denied the plaintiff’s excessively restrictive interpretation of Section 107A, and…


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Patent

Pesticide Patents: Not ‘Working’ Out?


Man spraying vegetables with pesticides

Around 15-20% of India’s crop produce every year is lost to factors such as pests and diseases. Pesticides, thus, play an important role in the Indian agriculture sector. While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here, here, and here)….


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Copyright

RMPL Registered as Copyright Society for Sound Recordings: But What about PPL, Transparency, and the Delays?


The Logo of RMPL

Nine years after the 2012 amendments to the Copyright Act, a copyright society has finally been registered by the Central Government for sound recordings! This comes as the Central Government recently granted Recorded Music Performance Limited (‘RMPL’) registration as a copyright society with respect to sound recordings. The application for registration was filed by RMPL in 2018. Notably, the Phonographic Performance Limited India (‘PPL’) has also been attempting to obtain registration as a copyright society for the same kind of…


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Copyright Patent Sponsored Trademark

SpicyIP Weekly Review (June 14- 21)


Topical Highlight Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada? In this post, Adyasha analyses the recent Delhi High Court order temporarily restraining the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). She first summarises the contentions of the two parties and the court’s reasoning. She highlights that the court failed to look at the…


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Trademark

Kerala and Karnataka Tussle Over the ‘KSRTC’ Mark: Registrability, Concurrent Use, and Infringement


KSRTC Logos used by Kerala and Karnataka

Recently, a rather dormant controversy has been refueled between the states of Karnataka and Kerala regarding the rights over the trademark ‘KSRTC’. This happened when a press statement was released by the office of Kerala Transport Minister Antony Raju stating that the Registrar of Trademarks had decided in their favour. Kerala RTC MD and Transport Secretary, Biju Prabhakar, also stated that this determination implies that Kerala has the exclusive right to use the mark ‘KSRTC’ and that “a notice will…


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Trademark

The Daily Guardian Controversy: News, Misinformation, and a Passing Off Perspective


The Daily Guardian Logo

Recently, a controversy erupted regarding an article shared by many of the prominent leaders of the Bharatiya Janata Party (‘BJP’), praising the hard work of the Prime Minister Narendra Modi and criticising the “opposition’s barbs”. This article was published on a website called ‘The Daily Guardian’. This led many to criticize it as a fake website trying to portray itself as associated with the prominent news agency, ‘The Guardian’. Some have criticised the concerned article to be misinformation (see here)….


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