In Part II, we had dealt with the case of Koninlijke Philips v. Remington. Here, we shall deal with new problems that came up in the Lego case. The basic question is pretty straightforward: Is the shape mark produced below a valid trade mark? The Relevant Provision Council Regulation (EC) No. 40/94 of 20 December 1993 “… The following shall not be registered: … (e) signs which consist exclusively of: (i) …; or (ii) the shape of goods which …
In Part I, we went through a basic introduction to shape trade marks. Now, let us look at at the issues raised in the case of Koninklijke Philips v. Remington. As a result of these being European cases, our focus should be much more on the theoretical aspects, as opposed to the facts or the court’s holding. Therefore, I have endeavoured to make these posts theoretically intensive, rather than factual. Philips tried to register a 3D shape (produced below) as a trade …
This month, I shall be discussing a series of European cases that deal with trade marking shapes and the associated functionality principles. This piece contains absolutely no analysis, and is only intended to lay the groundwork for the rest of the series. Before you decide to abandon going through this series on account of the European origin, allow me to remind you that the Indian statute, in this context, is very similar to its European counterparts. As a consequence of …
Part I: Trade Mark Concepts #Shapes #Introduction Read More »
Thematic Highlight Apart from bringing to your notice the BHC interim injunction against Thomson press from producing copies of a translated version of the Bhagavad Gita, Inika reviews similar copyright issues over translated works and then deals with the following broader concerns: i. When can a translation gain a copyright of its own? ii. Translations of works in the open domain iii. Translations of works for which copyright still subsists. iv. Conditions for getting permission from Copyright Board for translations. Topical …
The thematic highlight for the week is Mr. Rajiv’s overview of the legal issues that Qualcomm is facing in various jurisdictions, by virtue of its alleged anti-competetive practices, overpriced licenses and non-compliance with FRAND terms. While discussing four cases in which Qualcomm ran into legal trouble for the above mentioned reasons, he deals with the following broad areas: i. A brief breakdown of Qualcomm’s general manner of functioning. ii. Qualcomm’s Anti-competitive practices. iii. Manner of determining jurisdiction while imposing regulations. …
Our first thematic highlight is Ritvik’s fascinating piece dealing with the jamboree of artificial persons, robots and copyright. His primary discussion points were the following: i. Whether artificial persons (e.g. a company) have copyright related moral rights? ii. Views regarding copyright ownership over robot created works. iii. He concludes with his take on who should own the copyright over such works. Another thematic highlight of the week is Vasundhara’s lucid, yet insightful analysis of whether India’s patent regime follows a ‘first …
As a result of a large output on the blog in the past week, I have the difficult task of choosing highlights. In my humble opinion, there are multiple posts which are worthy of your attention. Nevertheless, I shall pick a few as highlights. The thematic highlights of the piece are Prof. Basheer and Dr. Arul’s pieces on the relationship between the industry and the academia. In a lucid two part post (here and here), Prof. Basheer, while evaluating the …
M/S Stellar Information Technology Pvt. Ltd. v. Rajesh Kumar and Ors. deals with two areas: 1. Copyrightability of compilations. 2. Extent to which a contract can determine the boundaries of “Confidential Information”. But before we get to these questions, let us get acquainted with the facts. Relevant Facts The defendants were former employees of the plaintiff. The defendants left the Plaintiff and set up their own company. The defendants’ company works in the same field as the plaintiff’s i.e. Data Security. …
The “Stellar” Case (DHC) – Copyright and Confidential Information Read More »
Judges seem to be conspiring to amplify the extent of misery affiliated with my life. As I slave upon their convoluted novellas, I can almost imagine them leaning back upon their high chairs in some remote dungeon, mirthfully rubbing their hands together, while cackling away in glee. So, whenever I am allotted a Justice Patel judgment, to put it subtly, I am quite pleased. Well, that was a bit of an exaggeration. This is probably a more apt representation of …
Justice Patel’s Order (GoAir Against Google & Indigo) & the Propriety of Judicial Humour Read More »
As the title explains quite succinctly, I write to bring to your notice India’s opening statement at the 56th Session of the Assemblies of Member States of WIPO. You can find the statement here. Prior to discussing the various elements of the statement, let me direct you to the 20th Paragraph. The statement brings to attention the fact that India was the first to ratify the Marrakesh treaty. I would like to pause at this point and talk about India and …
