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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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When IP Law and Cultural Appropriation Meet At a Crossroad…


Can a culture die? It’s debatable. Can a culture be erased from the memories of the public and/or assimilated completely into a dominant culture? When we think of the loss of several Indian languages, the whitewashing of our favourite Disney heroes, the loss of cultural identities of indigenous people across the world and other similar instances, it seems quite plausible, doesn’t it? And this issue lies at the heart of the discourse surrounding cultural appropriation. Quite simply put, cultural appropriation is the…


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Rajat Sharma v/s Zee Media-Delhi HC’s Latest Order on Personality Rights


In an order passed a few days ago, the Delhi High Court issued an injunction against Zee Media from using Rajat Sharma’s name in all its print and electronic advertisements. It further directed the defendants to remove all hoardings across the country which mention Mr. Sharma’s name. Here’s a brief background of the case at hand. For promoting its new channel, Zee Hindustan, the defendants had published the following advertisement on January 9, 2019 in the front page of the HIndustan Times: In the guise…


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SpicyIP Weekly Review (January 7-13)


Thematic Highlight  We had a guest post on the issue of whether Braille, as a language, is capable of translation, reproduction or adaptation. The author first analyses the nature of Braille and comes to the conclusion that it’s a universal code for all languages and hence, can only be transliterated and not translated. She then analyses whether the conversion of a literary work to Braille would constitute adaptation or reproduction under the Act. She also goes on to analyse whether the…


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SpicyIP Weekly Review (December 31-January 6)


We started 2019 with a bang-and quite a few interesting posts! Thematic Highlight  We had an enlightening guest post related to the Mosanto v. Nuziveedu case. In her post, the author notes that the Delhi HC had relied on a number of European precedents to conclude that Monsanto’s claimed invention covering the Bt gene construct and a process for preparing the transgenic Bt Cotton plant amounted to an “essentially biologically process” (which is excluded under Section 3(j) of the Patent…


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A Look Back at India’s Top IP Developments of 2018


Here’s wishing all our readers a Happy New Year! We hope 2018 lived up to your expectations. If it didn’t, forget about it. It’s in the past now – best leave it there as 2019 beckons! As always, we take this time to reflect upon the year gone by – taking a walk down memory lane to recount all the exciting developments that took place in 2018, and reshaped the Indian IP landscape. This year, we’ve divided the developments into…


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Designs Overlaps in IP Trademark

Delhi HC: Clearing the Confusion Around Design-Trademark Overlaps


A few days ago, I had written a post on the Delhi HC’s judgment in Greenlight Planet India Pvt. Ltd. vs Gee Lighting Technology dealing with a design-trademark overlap. The Court, in this order, had deliberated on the issue of whether a separate suit of passing off can be filed for a registered design after having filed a prior suit of design infringement. In their order, they limited their analysis to Order II, Rule 2 of the CPC (which does not allow…


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SpicyIP Fortnightly Review (December 3-16)


This week, I had written a post on a recent Delhi HC decision dealing with a design-trademark overlap. In my post, I briefly discuss previous judicial decisions dealing with similar overlaps. I then cover the (in)famous Micolube decision and Prof. Basheer’s take on the same. Finally, I conclude that the provisions of the Design Act does not allow one to claim a remedy for passing off for a registered design and that the Delhi HC failed to consider this issue…


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Designs Overlaps in IP Trademark

Delhi HC Deals with Yet Another Design-Trademark Overlap!


IP overlaps take place when multiple overlapping IP rights vest in an owner for a single subject matter. These overlaps have given way to numerous debates regarding over-protection, policy implications, statutory interpretation  and many more issues. (To get a better understanding of the same, do refer to Prof. Basheer’s chapter in Overlapping Intellectual Property Rights.) Design-trademark overlaps, in particular, have had an interesting history in Indian litigation. A recent decision of the Delhi HC yet again brings these overlaps to the fore. In…


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SpicyIP Weekly Review (November 19-25)


Divij analysed the approach of the Delhi HC towards intermediary liability in its recent ruling in Loreal v. Brandworld. This post is a continuation of his commentary on the same topic in a previous post on Christian Louboutin v Nakul Bajaj. In his post, he first lays out when an e-commerce platform becomes an intermediary and when it can claim safe harbour under Section 79 of the IT Act. He then goes on to conclude that the Delhi HC does not give adequate…


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Copyright Trademark

The Rihanna-Trump Showdown and The Use of Music in Political Campaigns


This month saw a highly publicised altercation between pop queen Rihanna and US President Trump.  She called out the President for playing her popular hit song “Don’t Stop the Music” at his rally. In her cease-and-desist letter, Rihanna’s legal team specified that the idol’s consent should have been taken before playing her song at the rally. The issue, however, is more complicated than the simple matter of the artist’s consent to such usage and has been highly debated in the past….


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