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

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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Others

SpicyIP Weekly Review (April 30 – May 6)


Our topical highlight of this week is Balaji’s 3-part analysis of the ‘policy schizophrenia’ that he argues plagues pharma price control. In his first post, Balaji sets the tone for his analysis by highlighting the sharp divergence between the government’s grand promises of controlling the prices of essential medicines and its actions on the ground. He then grapples with the conduct of the National Pharmaceutical Pricing Authority in its role as the administering authority for the Drug Price Control Order,…


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Trademark

Arnab Goswami’s Republic TV Finds Itself in the Eye of Yet Another Legal Storm; Times Group Claims That Arnab Is Not Entitled to Use the Phrase ‘Nation Wants to Know’


Regular readers of this blog may recall that we had blogged about the legal controversy surrounding the use of the word ‘Republic’ as the title of Arnab Goswami’s new show earlier this year. That controversy, which arose out of Subramanian Swamy’s assertion that the commercial use of the word ‘Republic’ is prohibited by the Emblems and Names Act can best be described as a ‘dog that did not bark’, inasmuch as Goswami decided to rename the show Republic TV to…


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Copyright

Novex Goes After Hotels and Casinos in Goa; Accuses Them of Playing Copyrighted Music Without Due Authorization


In the realm of copyright law, one issue that has received significant attention on this blog is the manner of functioning of copyright societies and the modus operandi adopted by them to extract financial returns for the use of copyrighted works whose use they claim to be exclusively empowered to authorize. In India, the 3 main collecting Societies are Indian Performing Rights Society (IPRS), Phonographic Performance Limited (PPL) and Novex Communications (“Novex”) whose actions form the subject matter of this…


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Trademark

Bombay High Court Injuncts the Release of a Film Titled ‘Rubik’s Cube’; Holds That It Constitutes Passing Off


Readers may recall that we had blogged about the Delhi High Court’s grant of an interim injunction to Seven Towns last year in a passing off action founded upon the use of the trade dress of the Rubik’s Cube puzzle by the defendant in that case. In an interesting turn of events, the Rubik’s Cube found itself embroiled in another legal controversy recently, resulting in the grant of an interim injunction against its use as the title of a feature…


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Others

SpicyIP Weekly Review (March 26-April 1)


Our topical highlight of the week doubtless has to be a 2-part post by our fellowship applicant, Sreyoshi Guha, on the Intex versus AZ Tech judgment. In the first post, Sreyoshi begins by outlining the arguments of Intex and AZ Tech on the issue of relevance of goodwill in a case of passing off. She then discusses the court’s conclusion that the fundamental object of granting a remedy for passing off is to protect the plaintiff’s goodwill and that the…


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Copyright Unfair Competition

Delhi High Court Rules on the Jurisdiction of the ASCI; Holds that It Can Adjudicate upon Claim of Infringement and Passing Off


In a very interesting judgment delivered earlier this month, the Delhi High Court ruled on the jurisdiction of the Advertising Standards Council of India (ASCI) to adjudicate upon complaints relating to copyright infringement in advertisements (for those interested, we have previously blogged about the ASCI’s powers and functions in a post which can be found here). Holding that the existence of provisions under the Copyright Act, 1957 and the Trademark Act, 1999 exclusively empowering the district court to adjudicate upon…


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Patent

In a Significant Decision, ICSID Rejects Eli Lilly’s Claim that the Utility Standard under Canadian Patent Law has Undergone a Dramatic Shift


In a widely reported decision, the International Centre for the Settlement of Investment Disputes Tribunal (hereinafter “the ICSID”) last week dismissed Eli Lilly’s claims against Canada under the North Atlantic Free Trade Agreement (NAFTA) founded upon a purported change in the utility standard for establishing patentability under Canadian law. In its 159-page judgment, the Tribunal squarely rejected the company’s claim that Canadian courts radically altered the interpretation of the utility standard claim for patenting between 2002 and 2008 that operated…


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