Author name: Prateek Surisetti

Alias: Suri Net Worth: 0$. NALSAR Batch of 2019. Characteristic Features: 1. Thinks he's funny. 2. Can't shut-up about having topped in Class II. 3. Takes deep personal offence when his cricketing talent is questioned. 4. Will definitely reference his status as World#1 @ Reflex Ball (A sport he invented), within 10 minutes of conversing with him. Notable Endeavours: 1. Founder Access Fitness (Movement at NALSAR that promotes utilization of public spaces for furtherance of sport and fitness) 2. Author "Good Morning Miss Hobby" 3. Travel Photographer (Antarctica, India) Details @ www.facebook.com/prateekss Contact: [email protected]

Global Innovation Index: General Deconstruction and Critique

/ By / Innovation

In October 2017, I posted a brief report on the Global Innovation Index (GII) 2017 (10th edition). Over the course of the ensuing write-up, I have attempted to provide a more general review of the GII, albeit basing most viewpoints on recent reports (including the 2017 report). The objective is to acquire a better understanding of (a) the process behind such indices, (b) the inherent subjectivity and also, (c) take note of a few limitations of the GII. The GII …

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Choco Wars: The Attack of the Mars (Part I) #Slogan Mark #”Have a Break”

/ By / Trademark

Episode 3 THE ATTACK OF THE MARS In a jurisdiction far, far away, Nestle and Mars, the confectionary behemoths, battle it out on the floors of the European Court of Justice. The Mark “Have a break…Have a Kit Kat” was already registered as a TM by Nestle, but now, Nestle is trying to register “Have a break” in isolation. Will Mars be able to stop Nestle…   The following discussion, despite being based upon a 2005 ECJ Judgment (C-353/03), is extremely relevant to TM …

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Part II: Seizure of Medicines In Transit #EU Law, TRIPS, Doha Declaration & GATT

/ By / Drug Regulation, Others

In Part I, we discussed a WHO Discussion Document, along with broad issues at play, regarding seizures of in-transit medicines. Over the course of this post, we will be covering the following: I. The European Union (EU) Law on Seizure of Drugs In-Transit. II. TRIPS, Doha Declaration and the GATT. A thorough introduction to the issue can be found here. The EU Law on Seizure of Drugs In-Transit Understand the EU law is relevant as the majority of reported in-transit seizures …

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Part I: Seizure of Medicines In Transit #Broad Issues At Play

/ By / Drug Regulation, Others

I write to bring to your notice a World Health Organization (WHO) “Discussion Document” (non-binding) that proposed “possible justifications for an intervention on the ground of public health” with respect to seizures of medicines in-transit. The same is a relevant concern because  transit countries have, in the past, seized drugs meant for other countries solely on account of the drugs violating the transit country’s patent regime.  After a series of seizures of in-transit drugs of Indian origin during the period …

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Part II: The “ Sexy Barbie/Baby Girl” Controversy #Mattel #TM Dilution #Camera Hearing (DHC)

/ By / Trademark

Since we have already discussed the issues concerning Mattel’s “in camera hearing” application, we will now be dealing with a more substantive issue i.e. the claim of TM Dilution. But first, the facts. BASIC FACTS (REPRODUCED FROM EARLIER POST) There exists a movie, released on 24th November, called “Tera Intezaar”. The movie wasn’t released at the time of the Order’s issue (22nd November). Said movie consists of a song called “Sexy Barbie Girl”, which was, as is common practice, released …

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Part I: The “Sexy Barbie Girl” Controversy #Mattel #Camera Hearing #TM Dilution (DHC)

/ By / Others, Trademark

I write to report a recent DHC Order issued by J. Endlaw denying Mattel Inc. (the famed toymaker behind the Barbie doll) an ex-parte injunction Order restricting the release of the movie “Tera Intezaar” with the song “Barbie Girl”. Also, the Order rejected Mattel’s application for conducting proceedings under cameras, instead of public view. We will look into the Order’s analysis of the following concerns in sequence: Application for Hearing Under Camera (Part I). TM Infringement and Dilution of the Mark …

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SpicyIP Weekly Review (November 19-25)

/ By / Others

Arguing against the recent recognition of “Banglar Rasogolla” as a Geographical Indicator on account of being against both the letter and spirit of the GI Act, Sreyoshi discusses the following areas: i. The technical pit-falls (Nature of applicant, uniqueness of product to Bengal). ii. Possibility of the mark’s distinctiveness getting eroded. iii. Ulterior effects on traders. iv. Questions over the lack of opposition at the stage of examination. Next, Pankhuri brought to your notice that the Indian Journal of Law …

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SpicyIP Weekly Review (October 22-28)

/ By / Others

Thematic Highlight First up, Dr. Dierkes’s and Dr. Sharma, on the German grant of Compulsory License of “raltegavir“, lucidly compares the law between the German and Indian jurisprudence. Their discussion points were as follows: i. A brief introduction to CLs. ii. Events leading up to the German grant of the CL. iii. German Jurisprudence concerning interpretation of “public interest“. iv. Comparison of German CL Jurisprudence with India’s. Then, Prof. Basheer lamented media misreporting and the lack of nuance in media …

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Reportage On SC’s Directions To Delhi HC In Re: Pendency

/ By / Others

Over the course of this piece, I shall attempt to provide you with a brief overview of all the recent directions issued by the SC to tackle the issue of high pendency in the Delhi HC (DHC). We will be discussing 3 Orders: i. 31st July Order. ii. 16th August Order iii. 24th October Order. 31st July Order It all started when an SC Divisional bench, consisting of the refreshingly proactive Justices R. Gogoi & N. Sinha (Hereinafter, the “SC …

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SpicyIP Weekly Review (September 24-30)

/ By / Others

Thematic Highlight Harshavardhan came up with an entertaining post on the recent controversy surrounding the title of the Tamil film “Mersal“. The problem arose because another producer registered a variant of the title with the writer’s association, but the producer of “Mersal” trade marked it later. Using the interesting narrative technique of a drama, he brought some fishy facts to light. Even if the topic doesn’t interest you much, I would recommend this piece purely for the narrative style and …

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