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).

Delhi High Court orders the release of seized ‘Ferrero Rocher’ lookalikes

/ By / Trademark

Justice Ravinder Bhat of the Delhi High Court in an order dated 29th October, 2010 (click here for the order) ordered the partial release & de-sealing of a consignment of confectionary which had earlier been seized by a Court appointed Commissioner on the grounds that they, prima facie, infringed the trademark rights of the Plaintiff company – the famous Ferrero, manufacturers of ‘Ferrero Rocher’ and ‘Nutella’ – and also on the grounds of ‘public interest’ i.e. there was a reasonable […]

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SpicyIP Guest Post: High Level Committee recommends a ‘three-strike policy’ and other measures to curb piracy

/ By / Copyright

Thanks to Sai Vinod Nayani, our serial guest blogger, we have this very interesting post on a recent report by a High Level Committee on Piracy. Apparently this committee has recommended that India adopt a ‘three-strike’ policy to curb internet piracy. Readers who have a copy of the report are requested to please pass on a copy to us. Measures to Tame the Pirate Mafia: RECOMMENDATIONS OF THE COMMITTEE ON PIRACY by Sai Vinod Nayani The high profile committee set

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Is the IPAB above the RTI Act, 2005?

/ By / Uncategorized

It has been five years since Parliament has passed the Right to Information Act. The legislation which gives citizens a right to demand information from the Government has been a tremendous success across the board, right from the grass-roots level to the power-centre in Delhi. It however appears that this information revolution has swept past the website of the Intellectual Property Appellate Board (IPAB). Sections 3 & 4 of the RTI Act, 2005 requires all ‘public authorities’ to maintain on

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Praveen Raj files rectification petition with GI Registry against the ‘Tirupati Laddu’ GI

/ By / Uncategorized

One of our frequent readers Mr. Praveen Raj, a scientist with the CSIR has filed a rectification petition with the GI Registry requesting the cancellation of the ‘Geographical Indication’ status granted to the Tirumala Tirupati Devasthanam (TTD), a trust recognized under local laws, for one of its prasadams, or holy offerings – the famous ‘Tirupati Laddu’. The grant of the GI status to the Tirupati Laddu was a controversial affair from the very beginning. We’ve covered the issue over here.

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Delhi High Court raises the threshold for trademark dilution suits

/ By / Trademark

In a surprising, yet welcome, judgment, Justice Ravinder Bhat of the Delhi High Court has rejected a suit for trademark infringement, without a trial, on the ground that it fails to disclose an adequate cause of action, despite the fact that both trademarks involved were the same i.e. ‘Kamadhenu’, albeit for different goods. The Order can be accessed here. The word ‘Kamadhenu’, a word derived from Sanskrit is used to describe the ‘mother of all cows’ in Hindu mythology. The

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Madras High Court dismisses Dr. Wobben’s appeal against the IPAB’s Order

/ By / Patent

Thanks to Sumathi and the India Kanoon website, we finally have access to a Madras High Court Order which sheds more details on the ‘big-ticket’ Enercon patent litigation taking place before the Intellectual Property Appellate Board at Chennai. The value of the dispute should be in the neighbourhood of $1 billion dollars making it one of the highest valued patent disputes in the country, dwarfing even the pharmaceutical patents by a substantial margin. The Madras High Court order reveals that

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Indo-E.U. trade dispute over ‘in-transit’ drug seizures resolved after the E.U. agrees to amend its laws

/ By / Uncategorized

Just days after we had blogged on how the Indian Government was ready to move the WTO DSB to begin proceedings against the E.U., it has been reported in various newspapers that the E.U. has agreed to amend its laws and ensure that consignments of generic drugs transiting the E.U. are no longer seized on the grounds of patent infringement. As blogged about last year by Shamnad the controversial E.U. Regulation 1383/2003 has been interpreted differently by English Courts and

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DIPP receives diverse replies to its CL discussion paper

/ By / Uncategorized

As reported earlier on this blog the Department of Industrial Policy and Promotion, Ministry of Industry & Commerce had released a discussion paper on the compulsory licensing policy under the Patents Act, 1970, inviting responses from the general public by the 30th of September, 2010. All the responses can be viewed over here. The DIPP has received a diverse set of responses from academics, domestic industry bodies such as the Indian Pharmaceutical Alliance (IPA), the Organization of Pharmaceutical Producers of

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Madras High Court hands Google ‘Adwords’ its first interim victory

/ By / Trademark

In a significant decision the Madras High Court, on the 30th September, 2010 passed an interim ruling in Google’s favour in the the year old trademark infringement suit filed by Bharat Matrimony.com against Google and other matrimonial websites such Jeevansathi.com etc. The trademark suit was filed approximately a year ago on the 22nd of September, 2009 when the Madras High Court passed an ex-parte order restraining Google and the other matrimonial websites from infringing the plaintiff’s trademarks. Subsequently, less than

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Update on the Indo-E.U. trade dispute before the WTO

/ By / Uncategorized

The BS reports today that India may formally approach the WTO Dispute Panel over the issue of ‘in-transit’ drug seizures by the E.U. As reported earlier on this blog India had file a complaint and requested for consultations with the E.U. and Netherlands over the seizure of Indian drug consignments that were transiting through the E.U. to destinations in Africa and Europe. Several other countries like Canada, China, Japan, Brazil etc. had joined these consultations. Normally these consultations are to

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