Prarthana Patnaik

Prarthana Patnaik is a final year law student at National Law University Odisha. Her main interests lie in copyright, open access and technology laws. She can be reached for queries and topic suggestions at [email protected]

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SpicyIP Weekly Review (November 12-18)


Rishabh recently wrote a post on a Bombay HC Order. In the order, the Court has instructed the Defendant to give prior notice of 7 days to the Plaintiff before  initiating any legal proceedings against them regarding the trademark ‘Hotel Millennium Park’. He analyses the scope of Section 142 of the Trade Marks Act and concludes that the order is outside the ambit of the Section since it prevents the Defendant from obtaining ex parte ad interim reliefs. Prof. Basheer called attention…


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Competition Law Drug Regulation Privacy

All You Need to Know About the New CCI Policy on Healthcare-Part II


I had written a post few days ago covering the main highlights of the CCI’s press release on its Policy Note on healthcare. In my post, I had summarized and explained the main aspects of the Note (covered by the press release) and observed that though the Policy Note doesn’t really bring in many new recommendations, it does pay heed to the current shift from price control mechanisms to rationalisation of trade margins. With the recent release of the Policy…


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Competition Law Drug Regulation

All You Need to Know About the New CCI Policy on Healthcare-Part I


It’s been around a week since the CCI released its press release on its policy note on ‘Making Markets Work for Affordable Healthcare’. In the past, the CCI has recognized the need to address issues in the healthcare industry on several occasions. For instance, it has observed in a past order that the lack of competitive forces in the pharmaceutical market has resulted in “innovative business practices, superior services, consumer choice, lower prices, etc.” taking a back seat. (In fact,…


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Others

SpicyIP Weekly Review (October 22-28)


Stay updated with our recap of this week’s posts! Thematic Highlight  Prashant provided his latest report on the burgeoning Bedaquiline controversy. In his previous posts, he had commented on The Hindu’s lack of reportage on the harmful effects of this drug. In this post though, he reports that a Hindu correspondent visited the patients who were being given this drug and it was discovered that the patients were neither informed about the deaths in the Phase 2B trials nor were…


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Overlaps in IP

Foreign IP Law Firms Defying SC Ruling?


The issue of foreign law firms allegedly defying SC instructions in their practice in India was recently brought into attention by a complaint filed by Sumit Sinha, an advocate on record. The complaint was filed before the Bar Council of India, the Controller General of Patents, Designs and Trademarks and other authorities. It identified certain foreign law firms namely Zacco, Abu Ghazaleh, Mirandah Asia, United GIPS, Clydes and Anderson Global. Notably, all these firms have some sort of local presence in India…


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Others

SpicyIP Weekly Review (October 8-14)


Thematic Highlight  Rishabh wrote a post on Twitter’s Terms of Service. In his post, he states that agreeing to the licensing clause in the Terms gives Twitter the license to use the uploaded copyrightable content in any manner they deem fit. He finds that certain portions of the clause would be found unenforceable under the law of assignment in India. He also points to the possibility of infringement of users’ moral rights since, under the Terms, Twitter is given the…


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Copyright

On How the Stairway to Heaven Dispute Dealt with Proof of Access and the Inverse Ratio Rule


Last week’s decision of the US Ninth Circuit Court of Appeals to remand for a new trial in the famous Skidmore-Led Zeppelin dispute created quite a controversy. The litigation revolves around the popular Led Zeppelin rock song, Stairway to Heaven, which was allegedly copied from Taurus, a song written by the Spirit band member, Randy Wolfe. The lawsuit was brought by Michael Skidmore (trustee of Wolfe’s Trust), claiming that “Led Zeppelin needs to do the right thing and give credit where credit…


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Trademark

SC on Passing Off and Delays


In a recent decision, Wockhardt Limited vs. Torrent Pharmaceuticals Ltd., a 2-Judge Bench of the Supreme Court clarified certain important principles of passing off of trademarks and delays and acquiescence.  Factual and Procedural Background Pharmaceutical company, Torrent (“Plaintiff/ Respondent”) owns branded drugs named “CHYMORAL” and “CHYMORAL FORTE”. These drugs are used to alleviate swellings and wounds which may occur post-surgery. Rival company, Wockhardt, (“Defendant/Appellant”) started selling products under the name of “CHYMTRAL FORTE”, thereby merely substituting the letter ‘T’ with…


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Others

SpicyIP Fortnightly Review (September 17-30)


I had written a post on the latest Mahindra-Fiat dispute. The US International Trade Commission has instituted an investigation under Section 337 of the Tariff Act against Mahindra on the basis of Fiat’s complaint. Fiat alleges that its trademark in the grills of the “Jeep” has been infringed by Mahindra’s “ROXOR”. In my post, I briefly summarise similar disputes which have occurred in the past between Fiat and its rival companies (including Mahindra) and reflect upon Fiat’s “protectiveness” about its grills….


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Trademark Unfair Competition

Mahindra Embroiled in Another “Fiat”-sco!


A long-standing rivalry between Mahindra and Mahindra and Fiat Chrysler Automobiles took a new turn on 11th September 2018, when the US International Trade Commission (“USITC”) [the US federal agency which investigates matters of trade and interrelated IP infringement issues] instituted an investigation based on a complaint made by Fiat. In its complaint, Fiat makes allegations of trade dress, trademark infringement and unfair competition under Section 337 of the Tariff Act of 1930 against Mahindra for “sale of certain motorized vehicles and components”. Section 377 provides…


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