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.

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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Plant Variety Protection

In a Well Reasoned Judgment, Delhi High Court Strikes Down Section 24(5) of Plant Varieties Act


In a significant judgment delivered earlier this month, a Division Bench of the Delhi High Court struck down Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act (“PPVFRA”) on the ground that it gives uncanalized power to the Registrar of Plant Varieties to grant interim relief to a breeder whose application for the registration of a plant variety is under consideration. Authored by Justice Ravindra Bhat, the judgment stands out for the Court’s lucid articulation of the…


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Patent Plant Variety Protection

NSAI Writes to American Ambassador; Calls for Stringent Action Against Monsanto


On this Blog, we have extensively covered the Bt cotton saga involving Monsanto and Indian seed companies [see here, here, here, here and here]. The Indian seed companies have been represented in this legal struggle principally by the National Seeds Association of India (NSAI) whose strategy, aimed at freeing the commercializing of Bt cotton from the shackles imposed by Monsanto, was explained by Prashant with remarkable lucidity here. To briefly recapitulate, the NSAI argues that, while no one can cavil…


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Others

SpicyIP Weekly Review (November 20-26)


This week’s topical highlight doubtless has to be Prashant’s analysis of the Supreme Court’s recent order on the copyrightability of edited judgments. Prashant commences his analysis by alluding to an article in the Times of India which erroneously describes the order as creating new law. After briefly narrating the factual matrix of the case, Prashant briefly delineates the gravamen of the SC’s holding in the case of Eastern Book Company & others. v. DB Modak & Anr. Noting how the…


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Patent

Patent Office Rejects Patent Application for Prostate Cancer Drug Xtandi


Regular readers of this Blog will recall that, in his guest post on the topic of exorbitant drug pricing, Zakir Thomas had alluded to Xtandi (enzalutamide), a wonder drug developed at the University of California, Los Angeles (UCLA) for fighting prostate cancer which is commercially sold in India by Astellas Pharma. Noting how Astellas’ justification for the unaffordable cost of the drug viz. that it is commensurate with the cost of innovation and patient benefit is emblematic of the apathy…


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Others

Supreme Court to Adjudicate Upon the Full Import of the Immunity Enjoyed by Online Intermediaries


While few would disagree with the broad proposition that granting immunity to Internet intermediaries from legal liability for the content posted on their platforms is critical for the maintenance of an open and free Internet, the determination of the precise width and amplitude of this immunity has always been a vexed issue. As information gatekeepers, intermediaries play an indispensable role in facilitating the robust and uninhibited dissemination of content in cyberspace. As a result, judges and lawmakers have long grappled…


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Trademark

In a Welcome Development, Delhi High Court Rejects Prayer for Grant of Punitive Damages in Trademark Infringement Suit


On this Blog, we have previously covered judgments dealing with claims of passing off and trademark infringement in the domain of pharmaceutical products [see here, here and here]. One common thread that runs through all these judgments is the heightened sensitivity of courts to the negative public health ramifications that are likely to result from a failure to promptly and decisively injunct the sale of deceptively similar medicines of a substantially inferior quality. Indeed, after the Supreme Court articulated the…


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