Author name: 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].

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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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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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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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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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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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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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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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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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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