Rishabh Mohnot

Rishabh is a fourth year law student at the National University of Juridical Sciences, Kolkata. He is currently the Director of the Intellectual Property and Technology Law Society at his University and a Senior Associate Member of the NUJS Law Review. He is happy to correspond by email at [email protected]

Trademark

Groundless Threats of Trademark Infringement Result in Ex-Parte Order Preventing the Defendant from Initiating Ex-Parte Proceedings


In Kokanratna Holiday Resorts vs. Millennium & Copthorne International Limited, the Bombay High Court recently passed an order that required the Defendant to give prior, written notice of 7 days to the Plaintiff before initiating any legal proceedings against them pertaining to the trademark ‘Hotel Millennium Park’. The order passed ex parte by Justice Kathawala, therefore precludes the Defendant from initiating ex parte proceedings to claim interim relief against the Plaintiff. Background and Decision The Plaintiff is a hotel based…


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Others

SpicyIP Weekly Review (November 5-11)


SpicyIP has been bustling with posts this week. Here’s the roundup: Thematic Highlight As part of the ongoing series on the problems with the Indian plant varieties regime, Prof. N. S. Gopalakrishnan shared the second part of his guest post that critiques farmers’ rights in India. In this part, he delves into the practical applications of the provisions of the PV Act with respect to benefit sharing, compensation under Section 41, the functioning of the gene fund and recognition for…


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Others

SpicyIP Weekly Review (October 29-November 4)


Thematic Highlight In his latest post on the issue, Rajiv discusses the impact of a recent UK case on Standard-Essential Patent (SEP) litigation. He provides excerpts portions of the judgment that encapsulate the judgment and brief and confines his analysis to the issues of global portfolio licensing and valuation of patents. He also highlights certain flaws in the judgment and concludes by highlighting the disparity in jurisprudence across jurisdictions on royalty payments. Topical Highlights In her guest post, Simrat Kaur…


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Others

SpicyIP Weekly Review (October 15-21)


Thematic Highlight Continuing his hard-nosed commentary on the access to bedaquiline in India, Prashant wrote a post on the ethics of early access to the drug. Responding to R. Prasad, who argued that disallowing early access to bedaquiline was unethical, Prashant notes the several nuances that were missed out in the aforementioned piece. He argues that reducing the threshold of testing will allow pharmaceutical companies to push riskier drugs into the market without any responsibility for the consequences. He also…


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Copyright

Daylight Robbery: How Twitter Owns Everything You Upload


Every time I agree to terms and conditions or software licensing agreements without reading them, I spend a brief moment feeling guilty. As if I had just betrayed the profession that I am about to enter. In hindsight, perhaps I ought to have spent a bit longer to read them because there seems to be a lot that slipped by in Twitter’s Terms of Service. Our friends at IPKat recently carried a post concerning a decision of a Paris Tribunal…


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Others

SpicyIP Weekly Review (October 1-7)


This week on SpicyIP… Mathews wrote a post on the recent Madras HC decision in Kajal Aggarwal v. VVD & Sons. The court held that a producer can exploit a cinematograph film for the statutorily sanctioned 60 years despite a contract to the contrary. Mathews argues that a wiser course of argumentation for the appellants may have been to rely on IP jurisprudence, arguing that reducing the time-period of the copyright to 1 year would improve access for the public,…


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Others

SpicyIP Weekly Review (September 10-16)


Thematic Highlight In his guest post, Adarsh Ramanujan argued that there is a hidden indictment of the Aadhar Act in the Justice Sri Krishna Committee Report and its proposal for the Personal Data Protection Bill 2018. He argues that the proposal’s suggestions to make UIDAI’s functioning subject to the proposed Bill, mandating an online-offline verification split and amend Section 29 of the Aadhar Act all indicate that the Report identifies Aadhar as a problem in the data protection regime. Topical…


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Trademark

The Dilemma of Determining Well-Known Marks


In a trademark infringement suit, Texmo Industries inter alia prayed that their mark, TEXMO, be declared as a well-known mark under Section 11 of the Trade Marks Act, 1999. Under sub-sections (6)-(9), this section lays down a number of factors that must be considered before granting well-known status to a mark. However, in this particular case, the issue that was raised, was whether the High Court had the power to declare a mark as well-known. This question arises primarily due…


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Others

SpicyIP Weekly Review (August 27-September 2)


Thematic Highlight In her guest post, Dr. Sunanda Bharti argues that Hall of Nations the Hall of Nations structure is a work of architecture, and therefore, qualifies for protection under the Copyright Act, 1957. She posits that even though the economic rights with respect to the structure vest with the Government, moral rights under Section 57 still remain with the artist who created the work. The destruction, therefore, violated these rights. Topical Highlight Prashant wrote about the most recent attempt…


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Drug Regulation Patent

Standing Against XTANDI: An E-mail Campaign to Ensure Accessibility to Cancer Wonder-Drug


In their latest efforts to stop the University of California, Los Angeles (UCLA) from pursuing a patent for Xtandi, the Universities Allied for Essential Medicines (UAEM) is sending an e-mail petition to Janet Napolitano, the President of University of California. This attempt comes after UAEM made a representation before the Regents of the University of California for a third time, demanding that Xtandi be made more accessible in India. Xtandi has an eventful if not long history of controversies in…


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