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 Fortnightly Review (September 25-October 8)


Our topical highlight of the fortnight doubtless has to be Prashant’s post, pertaining to the Delhi High Court’s recent verdict directing WhatsApp to delete users’ data in the manner outlined by the Court. He points out the inconsistency in the Court’s holding, inasmuch as, after unequivocally recognizing that it did not have the jurisdiction to adjudicate upon the PIL, the Court went on to issue 3 substantive directions to WhatsApp. Finally, he observes that the hype that this judgment has…


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Trademark

Bombay High Court Reaffirms the Need to Compare the Overall Impression Conveyed by Trademarks in Infringement Inquiry


As we’ve noted on this blog before (see here, here and here), it is a well settled legal principle that, in a suit in which the plaintiff claims relief for trademark infringement/passing off, the Court is not to compare the two marks side by side in order to determine if they are similar, but the overall impression conveyed by the marks is dispositive. It would be instructive to examine a recent judgment of the Bombay High Court, (Rahul Uttamsuryavanshi versus Sunil…


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Copyright

Hyperlinking Can Amount to Copyright Infringement, Rules CJEU


In a development that could have several far-reaching ramifications for the free flow of information in cyberspace in Europe and beyond, the Court of Justice for the European Union (“CJEU”) ruled earlier this month that linking to infringing material could amount to copyright infringement in some cases. While the concept of contributory copyright infringement, in accordance with which a platform facilitating the infringement of copyrighted material or the dissemination of infringing material can be held liable, is a central feature…


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Copyright

Statutory Licensing Scheme under Copyright Act Made Applicable to Online Broadcasting


In a significant development, the Department of Industrial Policy and Promotion (DIPP) issued an office memorandum (OM) earlier this week, bringing online broadcasting within the purview of the Copyright Act. To understand the full import of this development, it would be instructive to examine how broadcasting organizations are legally permitted to communicate a work to the public. Section 31D, added to the Copyright Act by the 2012 Amendment, allows any broadcasting organization that is desirous of communicating a work to…


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Trademark

Farmers’ Collective Reportedly Obtains Trademark Protection for Organic Spices


Even as the Indian Government has taken a number of substantive steps over the last two decades to put in place a robust legal framework to enable communities to protect their intellectual property rights through trademark and geographical indication protection, these measures haven’t translated into meaningful results on the ground. More specifically, even though Indian IP law envisages the protection of this sui generis form of IP by communities, a fundamental lack of awareness, coupled with excessive governmental interference, have…


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Others

Ending Monsanto’s Monopoly in the Development of Pest-Resistant Cotton: is Desi Cotton the Answer?


As our readers would recall, the Government has been taking a number of robust (and some would say heavy-handed) measures to control the price of Monsanto’s Bt cotton, which, until recently, was widely recognized as the only pest-resistant variety of cotton available in India. As I noted in my most recent piece on this issue, the fact that the Government has been compelled to take a large number of measures against a single company in order to make pest-resistant seeds…


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Others

SpicyIP Weekly Review (August 15-21)


Our thematic highlight of this week is a 2-part post by Balaji in which he analyzes the consequences of 3 TRIPS+ free trade agreements for India from the vantage point of IP and the digital economy: the Trans Pacific Partnership (TPP), the Trade in Services Agreement (TISA) and the Regional Comprehensive Economic Partnership (RCEP). In the first post Balaji tabulates the standards that these agreements mandate and examines whether or not Indian law is in consonance with these standards. Finally,…


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Copyright

Delhi High Court Adopts an Expansive Interpretation of Cause of Action; Holds that it has Jurisdiction to Decide Legality of Cancellation of Compulsory Licenses


While legal contestations between plaintiffs and defendants as regards the infraction of the former’s intellectual property rights make for interesting analysis, a large portion of an IP litigator’s career is spent on getting the procedural issues right. Ascertaining with surgical precision the cause of action upon which the suit is founded, establishing that a court does possess the territorial jurisdiction to adjudicate upon a dispute and complying with the myriad procedural prerequisites for a suit to stand in court are…


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Overlaps in IP Trademark

Countering the Menace of Counterfeits


In a development that brings to light some rather interesting issues, the Indian Government has accused Chinese companies of counterfeiting goods legitimately manufactured in India. Noting that large Indian brands such as Godrej, Dabur and Raymond have been at the receiving end of this large-scale counterfeiting, the Government has reportedly told Parliament that it has raised this issue with the appropriate agencies in China. As this article notes, this intervention could not have come at a better time, in light…


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Trademark

TOI Accuses Guerrilla Advertisers of Violating its IP Rights


In an interesting development, the Times of India (“TOI”) recently issued a warning to guerrilla advertisers, who use the TOI’s newspapers for engaging in illegal insert advertising, about the negative legal ramifications that could result from this unfair trade practice. Noting that such advertisers are perceived by the public at large as “fake” and “fly by night” brands, the warning states that this type of surreptitious advertising reflects very poorly on the brand in question, indicating its tendency to cut…


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