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.

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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Copyright

Delhi High Court Holds Cable Operator Liable for Copyright Infringement; Imposes Punitive Damages Worth 5 Lakh


On this Blog, we have extensively covered the issue of the Delhi High Court’s tendency to award punitive damages without indicating the legal basis for such awards as well as the court’s propensity to grant such damages on the basis of the ipse dixit of the plaintiff without spelling out the methodology employed for arriving at a given figure. More specifically, we have noted how the court adopted a flawed arithmetic for awarding punitive damages in the Sholay case, the…


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Others

SpicyIP Weekly Review (March 5-11)


The topical highlight of this week is Professor Basheer’s post on the decision of the Oxford University Press and other publishers to withdraw their suit against Delhi University and its photocopier, Rameshwari. Professor Basheer commences his analysis by noting that the verdict brings to an end a legal saga that dragged on for five long years and then shares a highly informative timeline of the case. He then notes how the Delhi High Court’s verdict, while protecting the interests of…


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Designs

In a Welcome Development, Delhi High Court Refuses to Compel Intermediaries to Screen Content Violative of Intellectual Property Laws on an Ex-ante Basis


One issue that has received sustained attention on this Blog has been the determination of the width and amplitude of the responsibility of intermediaries for the removal of content that is violative of intellectual property laws. In this respect, we have covered such diverse issues as the implications of the Viacom versus YouTube decision on intermediary liability see [here and here]; the implications of the Shreya Singal judgment [see here]; the need for the extant legal framework to be overhauled…


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