Avatar

Rishabh Mohnot

Rishabh is a fifth-year law student at the WB National University of Juridical Sciences, Kolkata.

Others

SpicyIP Weekly Review (October 14-20)


Topical Highlight Prashant wrote a post on an order passed by the Delhi HC concerning the marketing of a biosimilar of the breast cancer drug Herceptin by Reliance Life Sciences. Genentech, which owned the erstwhile patent for Herceptin, filed a suit against Reliance claiming that their drug did not comply with Guidelines for Biosimilars and hence could not claim to be as efficacious as the drug sold under the Herceptin brand. In this appeal, the Delhi HC overturned the decision…


Read More »
Others

SpicyIP Review (September 23 – October 13)


Thematic Highlight  In her first submission, fellowship applicant Akanshha Agrawal wrote on the free speech, morality and trademark law debate in light of the recent Iancu v Brunetti decision of the Supreme Court of the United States. She discussed the implications of the decision to strike down the ground of immorality to refuse trademark registration, including concerns overuse of racial slurs in trademarks. She also noted the use of ‘Urban Dictionary’ as evidence in the case. In the next part…


Read More »
Others

SpicyIP Weekly Review (September 16-22)


In a guest post, Karan Dhalla argues that Tips Industries v Wynk Music, which held that the statutory licensing scheme under Section 31D of the Copyright Act 1957, was wrongly decided for three reasons. First, he suggests that Section 31D does not discriminate between different mediums of broadcast because both Section 31D(1) and Section 2(dd) are clear and unambiguous, and sweeping in their scope. Second, he posits that Section 31D(1) is the operative portion of the provision, and the remaining…


Read More »
Others

Mission Report: What is the Current Status of IPAB’s Website?


Last week, I had reported that IPAB’s website was malfunctioning. It had been displaying untoward links that did not belong on a website run by the IPAB, or any other tribunal for that matter! My guess (based on gossip travelling around the grapevine) was that this was a successful hacking attempt, and nothing more. Indeed, this conclusion would sit well with current trends, with the there being at least 25 reported instances of successful hacking attempts of government websites only…


Read More »
Others

SpicyIP Fortnightly Review (August 11-25)


This month, we received the tragic news of the passing away of our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer. He touched the lives of all of us here at SpicyIP in innumerable ways and always encouraged us with our work at the blog on a day-to-day basis. His loss cannot be put into words, but we hope to honour his legacy by continuing the good work he started with SpicyIP. See the tribute penned for our blog by…


Read More »
Others

SpicyIP Tidbit: IPAB Website Malfunctioning!


In January this year, we had reported that the IPAB website was down, leaving the latest orders and judgments of the IPAB inaccessible. For the last few days, we have noticed that the website is back online. But it is not exactly good news, as the website seems to be displaying links that allow one to check their Passenger Name Record (PNR) status for trains online rather than orders passed by the tribunal. Click here and see for yourself! We…


Read More »
Others

SpicyIP Weekly Review (July 22-28)


We have had a gargantuan week at SpicyIP, with plenty of content on recent decisions around courts, and updates from the Sustainable Seed Innovations Project. Below is a summary of the week gone by: Topical Highlight In a guest post, Swaroop Mamidipudi wrote on twin decisions of the Delhi High Court that expand the scope of protection of cinematograph films. Prior to this decision, it was understood that copyright in cinematograph films could only be infringed if a physical copy…


Read More »
Others

SpicyIP Weekly Review (July 8-14)


We had an extremely busy week at SpicyIP! Here’s the roundup: Topical Highlight In a guest post, Prashant Reddy wrote a piece on the Delhi HC’s decision to allow the current Chairman and Technical Expert for Plant Varieties to hear disputes in all matters, including patents, trademarks, etc. It has also declared that all orders passed by the IPAB without quorum are proper. Prashant argues that the judgment ignores the provisions of the Trade Marks Act, and makes a mockery…


Read More »
Geographical Indication

Issues Pertaining to Geographical Indications in the Tobacco Plain Packaging Case before the WTO (Part II)


In Part I of this post, I had discussed the Panel’s findings on Article 22(b) of TRIPS in the Tobacco Plain Packaging case. In Part II, I will examine the second GI issue, on detriment to pre-existing rights in geographical indications. Article 24.3: Pre-Existing Rights in GIs Prior to the coming into force of TRIPS, different jurisdictions protected geographical indications in different ways. While in some jurisdictions GIs were protected under trademark law, others relied on common law doctrines to…


Read More »
Geographical Indication

Issues Pertaining to Geographical Indications in the Tobacco Plain Packaging Case before the WTO (Part I)


Recently, I had the opportunity to work on the Panel Report in the Tobacco Plain Packaging case at the WTO. It brought forth several interesting questions on the intersection between health, policy-making, trade and intellectual property rights. It also places TRIPS obligations relating to trademark and GIs under the scanner, with question marks raised over whether the interpretation given by the Panel supports a good faith interpretation of the treaty. While much has been written about the issues pertaining to…


Read More »