Rahul Bajaj

Rahul Bajaj is a fourth year law student at the University of Nagpur. His interest in intellectual property law began taking a concrete shape when he pursued Professor William Fisher's online course on copyright law in the second year of law school. Since then, Rahul has worked on a diverse array of IP matters during his internships. He is particularly interested in studying the role of intellectual property law in facilitating access to education.

Patent

Ministry of Finance Reiterates its Decision not to Grant Benefits of Flexible Complementing Scheme to Patent Office Employees


Few would disagree with the broad proposition that the success of the patent system is contingent upon a well-functioning patent office, manned by technically competent examiners and controllers. To this end, two issues that have often been at the forefront of most discussions about the strategies that can be adopted to achieve this objective have been the need to recognize the patent office as a scientific and technical organization and, as a logical corollary, to make the modified flexible complementing…


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Copyright

New Lancet Study about Deaths by Litchi Fruit Raises Questions about Misappropriation of Indian Science Research


In a development that raises a number of profound and fundamental questions about the phenomenon of Indian science research being misappropriated without proper attribution, a study recently published in the Lancet has identified the consumption of the litchi fruit as the causative factor responsible for the death of scores of young boys in the Muzaffarpur region of Bihar. Published by India’s National Centre for Disease Control and the India Office of the Center for Disease Control and Prevention in Atlanta,…


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Others

SpicyIP Weekly Review (January 29 – February 4)


Our topical highlight this week is Ritvik’s 2-part analysis of TRAI’s recent tariff order on the rights of broadcasters under the Copyright Act. In the first part, he sets forth the central features of the Order, the principal aim of which is to impose an obligation on broadcasters to provide the MRP of their channels on a-la-carte basis. Thereafter, he explains the key objections that broadcasters have raised as regards the legal tenability of the Order. Relying on a Delhi…


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Trademark

Why Arnab Goswami’s Trademark Application for ‘Republic’ Appears to be on a Secure Legal Footing


As our readers may be aware, Subramanian Swamy recently wrote a letter to the Union Ministry of Information and Broadcasting, arguing that Arnab Goswami’s use of the word ‘Republic’ as the title of his new show is proscribed by the Emblems and Names (Prohibition of Improper Use) Act of 1950 (“The Act”). Republic made its social media debut with the launch of a Twitter handle and Facebook page on the 7th of January and is also in the process of…


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Copyright Others

Shiva Ayyadurai Sues Techdirt for Libel; Claims That Their Comments about Him Were Defamatory


On this Blog, we have previously written about Shiva Ayyadurai’s claim of being the inventor of email and have also noted how Ayyadurai’s story is emblematic of the manner in which our society and legal institutions have a way of systematically erasing into oblivion individuals significantly contributing to human progress only because they lack power or influence. Readers who have been following Ayyadurai’s story closely would be interested in finding out that Ayyadurai has recently sued Techdirt, an online news…


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Others

Why Donald Trump’s Selection of Robert Lighthizer as the Next USTR May Be Good News for India


This Friday, America’s 45th President, Donald J. Trump, took the oath of office. While the full import of this development is still being analyzed by thinkers and commentators, one issue that has received limited attention thus far is how Trump’s election will affect America’s position on contentious intellectual property issues. Last November, soon after Trump’s election, Prashant had written an incisive post analyzing the potential ramifications of his election on the global IP landscape in general and Indo-American debates in…


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Trademark

Holding that a Permitted User Cannot Institute a Suit for Trademark Infringement, Delhi High Court Dismisses Suit for Lack of Jurisdiction


As Ritvik recently noted on this Blog, the Delhi High Court has recently begun to shed its reputation of being a pro-plaintiff forum by dismissing suits over which the Court does not have jurisdiction in accordance with the well settled law on this subject. In keeping with this trend, a recent Division Bench judgment of the Court [P.K. Sen versus Exxon Mobile] is another excellent example of the Court testing the plaintiff’s assertions as to the Court’s jurisdiction against the…


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Trademark

Holding Mother Dairy as a Well Known Mark, Delhi High Court Grants Permanent Injunction to Restrain its Misappropriation


In a recent judgment [Mother Dairy Fruit and Vegetable versus S.K. Raheem], Justice R.K. Gauba of the Delhi High Court granted a permanent injunction in favour of Mother Dairy, restraining the use of its trademark/trade dress by the defendant in its milk products sold under the name Vinay Milk. One of the key factors undergirding the Court’s conclusion was that Mother Dairy is a well-known mark, meriting stronger protection than a trademark simpliciter. We have covered judicial determinations recognizing a…


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Drug Regulation

In a Deeply Flawed Judgment, Delhi High Court Quashes Government’s Decision to Ban 344 FDCs


In a judgment that could have far-reaching implications for the safety of large numbers of Indian patients, a single judge of the Delhi High Court quashed the Government’s decision to ban 344 fixed dose combination (FDC) drugs earlier this month. On 10th March, 2016, the Central Government had prohibited the manufacture, sale and distribution of 344 FDCs, most notably the famous cough syrup Corex, in exercise of the powers conferred upon it by Section 26A of the Drugs and Cosmetics…


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Others

SpicyIP Weekly Review (December 18-24)


Our topical highlight of the week has to be Pankhuri’s comprehensive analysis of the Delhi High Court’s Division Bench judgment in the DU Photocopy case. After briefly delineating the factual history of the case, she succinctly analyzes the 9 principal facets of the judgment. Thereafter, she outlines the reasons underpinning the Court’s central holding that preparation of course packs is permissible so long as the same is done for the purpose of educational instruction and discusses the ramifications of this…


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