Trademark

SpicyIP Fellowship 2017-18: Intex v. AZ Tech – Big Fish Strikes Back (Part I)


We are pleased to bring to you a two-part guest post by our Fellowship applicant Sreyoshi Guha.  Sreyoshi is a 4th year student at Symbiosis Law School, Pune. This is her first submission for the Fellowship. Intex v. AZ Tech: Big Fish strikes back (Part I) Sreyoshi Guha December 24, 2016 might have been an ordinary day for most of us. It was also, however, the day when AZ Tech served mobile phone giant Intex with an interim injunction against using…


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Others

SpicyIP Weekly Review (March 19-25)


(This post has been authored by Inika Charles and published on her behalf) The topical highlight of this week is Pankhuri’s post on the upcoming merger of the Copyright Board with the Intellectual Property Appellate Board under the Finance Bill, 2017. She notes that the Bill seeks to amend the Copyright Act so as to transfer the functions of the Copyright Board to the IPAB, which until now – dealt only with trademarks, patents, and geographical indications. While the (Money)…


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Others

A Push For Procedural Certainty


In an article recently published in India Business Law Journal’s February 2017 issue here, Gowree Gokhale and Jaideep Reddy of Nishith Desai Associates analyse the problems of delegated legislation/executive action and suggest ways to resolve them. The problems highlighted by them include lack of statutory/constitutional basis for such legislation/action in some cases and examples cited for it include the jurisdictional overreach by DIPP in issuing a memo interpreting Section 31D of the Copyright Act, which we had covered here. Another instance…


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Trademark

SpicyIP Fellowship 2017-18: MontBlanc v. Gaurav Bhatia – Another Curious Case of DHC’s Damages Jurisprudence


We are happy to bring to you another guest post by our Fellowship applicant Maitreyee Dixit. Maitreyee is a 2nd year student at NALSAR University of Law, Hyderabad. This is her second submission for the Fellowship. MontBlanc v. Gaurav Bhatia: Another Curious Case of DHC’s Damages Jurisprudence Maitreyee Dixit Damages in trademark law, especially in Delhi High Court’s jurisprudence have been riddled with inconsistencies. Be it the grounds to provide damages, the calculations of damages or the entirety of punitive damage…


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Others

SpicyIP Fellowship 2017-18: Cyber Economic Espionage – Is TRIPS the Solution?


We are glad to bring to you a guest post by our Fellowship applicant Maitreyee Dixit. Maitreyee is a 2nd year student at NALSAR University of Law, Hyderabad. This is her first submission for the Fellowship. Cyber Economic Espionage: Is TRIPS The Solution? Maitreyee Dixit Economic espionage has been a hot topic of sorts since the September 2015 agreement was made between USA and China, that called for both the countries to not knowingly conduct or support cyber enabled trade…


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Patent Plant Variety Protection

Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?


We are pleased to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. We had earlier published two guest posts by him here and here. Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims? Essense Obhan As has already been reported on SpicyIP and the mainstream media, Monsanto and Indian seed companies are involved in a series of lawsuits against each other…


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Copyright Trademark

Copyright Board to be Taken Over by IPAB Under the Finance Bill, 2017 Passed by the Lok Sabha


In a surprising development, the Copyright Board is set to be merged with the Intellectual Property Appellate Board (IPAB) under the Finance Bill, 2017 that was passed in the Lok Sabha yesterday. This merger comes along with merger of seven other tribunals (including the Competition Law Appellate Tribunal and the Cyber Appellate Tribunal) with other existing tribunals, all of which were proposed by the amendments to the Bill moved by the Finance Minister Arun Jaitley on Tuesday. The Bill seeks…


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Others Sponsored

Launch of EIPIN Innovation Society Project: 15 Fully-Funded PhD Positions


We are pleased to remind our readers that the European IP Institutes Network (EIPIN) will soon be launching the EIPIN Innovation Society project that sets up a European Joint Doctorate programme. EIPIN is recruiting 15 PhD candidates for this programme, who will be conferred a joint or double doctoral degree from two of the five participating universities at the end of the programme. The deadline for applications is March 29, 2017, 23.59 CET. The details of the project are outlined in…


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Publication

Socio-Legal Review Launches Its Online Companion/Blog, the Socio-Legal Review Forum


We are pleased to inform our readers that the Editorial Board of the Socio-Legal Review has launched its online companion/blog, the Socio-Legal Review Forum. The Board’s announcement reads as follows: Since its inception in 2005, SLR has strived to further the discourse on the intersection of law and society. Over the past decade, it has provided both students and scholars a platform to engage with socio-legal matters relevant in the South Asian context. Since it became a biannual publication in 2012, it has produced a…


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Patent

SpicyIP Fellowship 2017-18: Del HC Upholds Interim Injunction Against Sale of Cipla’s Copy of Novartis’ Respiratory Drug ‘Onbrez’


We are pleased to bring to you a guest post by our Fellowship applicant, Shweta Rankhambe. This is her first submission for the Fellowship. In this post she discusses the Delhi High Court’s recent judgment upholding an injunction order passed by the Single Judge in 2015 which temporarily restrained Cipla from manufacturing and selling a generic version of Novartis’ patented respiratory drug ‘INDACATEROL’ (sold as ‘Onbrez’). The judgment is significant in that it acknowledges ‘public interest’ as a separate factor…


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