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.

Copyright

In a Deeply Problematic 2012 Judgment, Bombay High Court Held That Copyright Registration is Mandatory for Maintaining an Action for Infringement


As Professor Joshua Sarnoff eloquently noted on this Blog, copyright is first and foremost an assertion by the creator. This being so, registration of a copyright is not mandatory for maintaining an action for infringement. Indeed, to quote Prashant, the principle that registration of a copyright is not mandatory is one of the holy sacraments of the Berne Convention. It is with great dismay, therefore, that we recently found out about a deeply problematic 2012 judgment from the Bombay High…


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Patent

In a Well-Reasoned Judgment, Delhi High Court Rules in Plaintiff’s Favour in a Suit for Patent Infringement


In a well-reasoned judgment issued recently, the Delhi High Court (“Court”) adjudicated upon a suit for patent infringement comprising three patents over insecticides and herbicides. The three patents owned by the plaintiff relate to a herbicidal composition. The distinctive attribute of the composition developed by the plaintiff is this: it is an amalgam of 2 compounds each of which combats different kinds of weeds. More specifically, the composition consists of a compound called Metsulfuron, which controls grassy weeds and a…


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Trademark

Bombay High Court Comes Down Heavily on Listed Pharma Company for Engaging in Persistent Trademark Infringement


In a notable development, the Bombay High Court (“Court”) recently came down heavily on Syncom Formulation (India) Limited, a listed pharma company, for circumventing court orders and engaging in infringing conduct in a persistent fashion. The Court’s observations came in a suit for trademark infringement filed by the plaintiff, Shalina Labratories, as regards its medicinal and pharmaceutical preparations. On the whole, the case appears to be an open-and-shut case of trademark infringement, inasmuch as the Court returned a clear finding…


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Designs

Delhi High Court Vacates Injunction in Plaintiff’s Favour in a Case on the Design of Ball Point Pens


In a comprehensive and well-reasoned judgment issued last month, Justice Valmiki Mehta of the Delhi High Court (“Court”) vacated an interim injunction in a design infringement case. While the facts of the case are fairly straightforward and the conclusion arrived at by the court is founded upon a reaffirmation of well settled legal principles, some consequences flowing from the judgment merit deeper scrutiny. The judgment arose out of an application for the grant of injunction filed by the plaintiff, Pentel…


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Trademark

In a Misguided Step, Supreme Court Stays Karnataka High Court Judgment on Health Warnings on Tobacco Products


While few would disagree with the broad proposition that the commercial interest of profit-driven businesses has to be balanced with the interest of the public, the precise manner in which such a balance has to be struck continues to remain a deeply contested issue. One key arena in which efforts to achieve this balance have received sustained attention on this Blog relates to the imposition of plain packaging restrictions and health warnings on Tobacco products. Simply put, such restrictions curb…


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Trademark

In the Latest Example of a Worrying Trend, UK SC Sanctions Criminal Prosecution for Trademark Infringement of Grey Market Products


In several jurisdictions across the globe, the increasing use of criminal law as a tool to deal with wrongful conduct which lacks the attributes traditionally associated with a crime has emerged as a key area in which comprehensive legal reform is needed. This trend, which jurists have described as the crisis of over-criminalization manifests itself in several ways – from the use of the criminal law as an instrument to punish consumption of harmless drugs to the penalization of same-sex…


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Plant Variety Protection

Supreme Court Stays Delhi High Court Judgment Striking Down Sec. 24(5) of Plant Varieties Act


Last December, I had covered a judgment delivered by a Division Bench of the Delhi High Court striking down Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA). This provision empowers the registrar of plant varieties to issue interim directions to prevent abusive conduct by third parties during the period between the filing of an application for the registration of a plant variety and the making of a final decision as regards the grant of registration….


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Trademark

In a Sign of Things to Come, Delhi High Court Passes Summary Judgment in Trademark Infringement Suit


As we’ve noted on this blog before, one concrete manifestation of the Indian Government’s desire to promote the adjudication of commercial disputes by specialized tribunals was the enactment of the Commercial Courts Act (“the Act”) in 2015. Broadly speaking, the Act envisages the resolution of all commercial disputes – a term which includes within its ambit IP disputes – whose commercial value exceeds 1 crore rupees by separately constituted commercial courts or commercial divisions in high courts having original jurisdiction….


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Patent

In a Landmark Decision, U.S. Supreme Court Clarifies Scope of Patent Exhaustion Doctrine (2/2)


The first part of this post can be viewed here International exhaustion: The Court then delved into the question of whether the sale of a patented product abroad would also result in the exhaustion of the rights of a patentee over that product. In answering that question in the affirmative, the Court principally relied on its landmark judgment in the case of Kirtsaeng versus John Wiley and Sons which was covered on this blog here. In Kirtsaeng, the Court had…


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Patent

In a Landmark Decision, US Supreme Court Clarifies Scope of Patent Exhaustion Doctrine (1/2)


In a landmark development earlier this week, the U.S. Supreme Court delivered a verdict that is likely to play a central role in shaping the theoretical understanding and practical application of the patent exhaustion doctrine by courts across the globe. Writing for a near-unanimous court (Justice Ginsburg disagreed with one prong of the court’s conclusion), Chief Justice Roberts ruled that: (1) a patentee is denuded of all its rights over a patented invention the moment the invention is sold in…


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