Author name: Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

Enercon GmBH claims IPAB voided 12 patents on grounds of ‘national interest’; MIPR provides us with copy of the Order

/ By / Uncategorized

In an interesting development this morning we were pointed to the latest issue of ‘Wind-Power Monthly‘, a trade magazine covering the ‘wind-power’ sector in Germany and other jurisdictions. A lawyer for Enercon GmBH, the losing party in the recent decision of the IPAB, which voided 12 of its patents (we’ve blogged about it over here), has made a statement to the ‘Wind Power Monthly’ stating that the IPAB has allegedly decided the issue on the basis of ‘national interest’. I […]

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An attempt to ‘balance’ the data exclusivity debate

/ By / Data Exclusivity

Warning: Long post – you’ve been warned.Image from here. The ToI and the Indian Express have recently carried an op-ed, each, on why India should resist the ‘data exclusivity’ demand being thrust upon it through the Indo-E.U. Free Trade Agreement (FTA). Strangely the Op-eds although written by different people, carry the same title – ‘Don’t Swallow this Pill’. The ToI piece was written by Unni Karunakara, International President of the reputed ‘Doctors Without Boundaries’, while the IE piece was written

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Breaking News: Madras High Court admits petitions challenging the constitutionality of the IPAB and the Copyright Board

/ By / Uncategorized

Earlier this morning a Division Bench of the Madras High Court comprising of Chief Justice M.Y. Eqbal and Justice T. S. Sivagnanam, admitted two Public Interest Litigations (PILs) petitions challenging the constitutionality of the Intellectual Property Appellate Board (IPAB) constituted under the the Trade Marks Act, 1999 (& also the Patents Act, 1970) and the Copyright Board constituted under the Copyright Act, 1957. Both petitions are available over here and here. Image from here. While the first petition, challenging the

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IPAB knocks down 12 patents of Dr. Alloy Wobbens; Major victory for Enercon India

/ By / Patent

Over the last few months we have carried a few posts on a massive patent battle between Enercon India and its JV partner Enercon GmBH, one of the largest players in the wind-turbine market. The genesis of the dispute has been discussed by us over here. All the Enercon GmBh patents are held in the name of Dr. Alloy Wobbens the founder and CEO of Enercon GmBH. Image from here. Enercon India had challenged 23 patents belonging to Dr. Alloy

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Delhi High Court orders the Secretary, DIPP to investigate missing files in the Trade Mark Office

/ By / Trademark

Thanks to Devanshu Jain, a practising advocate, we have news of yet another petition before Justice Murlidhar of the Delhi High Court regarding missing files at the Intellectual Property Office of the Government of India. The petition (W.P. 12505 of 2009), filed by Haldiram Pvt. Ltd., requested the Delhi High Court to issue orders to the Trade Mark Registry to allow for inspection of a particular trademark file which was under litigation. The petitioner was joined by other parties who

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Madras High Court admits PPL’s appeals and vacates ‘stay’ granted to SIMCA against Copyright Board order

/ By / Copyright

In an order on the last day before the X’mas vacations the Madras High Court admitted the appeals filed by PPL against the Orders of the Copyright Board in the compulsory licensing dispute. We had blogged about this move over here. The radio stations had initially challenged PPL’s appeals on the grounds that the Madras High Court did not have the jurisdiction to hear the appeals. The provision in question, i.e. Section 72 of the Copyright Act, 1957, allows the

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The debate on the Copyright Amendment Bill, 2010 to spill out on the streets of Delhi

/ By / Copyright

In what must be a first for Copyright Law in India, film producers across the country have announced a one day strike, on the 6th of January, 2011, during which they shall carry out protest marches in New Delhi against the proposed amendments, to the Copyright Act, 1957, which not only promise greater royalties to composers and lyricists but also bar assignments of copyrights to producers. In addition to the strike, the Film Federation of India, the mother body of

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Guest Post: U.S. Supreme Court dismisses Tiffany’s Trademark Appeal

/ By / Trademark

Avni Chari, a frequent guest blogger and student of NALSAR sends in this interesting piece on contributory trademark infringement on the internet in the context of a tussle between Tiffany & Co. and E-Bay. U.S. SUPREME COURT DISMISSES TIFFANY’S TRADEMARK APPEAL By: Avni Chari The U.S. Supreme Court on Monday (29th November, 2010) dismissed the appeal of Tiffany & Co. in a dispute over eBay’s liability for trademark infringement for selling counterfeit goods on its website. The concept of trademark

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Delhi High Court allows for multiple proceedings before IPAB and High Court on similar points of law

/ By / Patent

In a recent judgment, Justice Ravindra Bhat has rejected an application filed by Dr. Alloy Wobbens seeking either dismissal or a stay of revocation petitions filed, by Enercon India, before the IPAB against certain patents, which are also the subject of counter-claims for revocation before the Delhi High Court. We had earlier blogged about a related petition in the same matter before the Madras High Court over here. Due to terrible drafting of the Patents Act, 1970 it is possible

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Radio Broadcasters move transfer petitions before Supreme Court to consolidate appeals in the compulsory licensing dispute

/ By / Copyright

Thanks to Anita Iyer, a Mumbai based music journalist, we have yet another update on the fast evolving dispute between music companies and radio broadcasting companies over the compulsory licensing order of the Copyright Board. Image from here. Apparently the radio broadcasters have moved a transfer petition before the Supreme Court to consolidate all the appeals against the Compulsory Licensing decision, of the Copyright Board, before the Supreme Court. The reason for filing this petition is obviously the fact that

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