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]

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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Others

SpicyIP Weekly Review (August 13-20)


SpicyIP has been bustling with activity this week, with posts on diverse areas and active engagement from our readers. Thematic Highlight In another post in the ongoing series on the plant variety regime in India, Prof. N.S. Gopalakrishnan discusses farmers’ varieties in the Indian regime. He notes that there are discrepancies in the individual or people that can apply for registration of a farmer’s variety under the legislation. He further notes that the legislation does not provide clear guidance for…


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Others

SpicyIP Weekly Review (July 30-August 5)


Thematic Highlight Prof. Basheer and Pankhuri provided a critical analysis of the National IPR Policy 2016. They note that the policy is not worth celebrating, since it largely endorses dogmatic views of IPR and lacks the creativity necessary for a robust policy framework. They do, however, point out that the policy has done well to recognise the importance of open-access works and rewarding innovation through prizes and awards. They provide excerpts of their recently published paper, which provides the first…


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Others

Indian Idol for IPR – A National Search for Talent


On July 13, 2018, the All India Council for Technical Education (AICTE) released a circular announcing the ‘Intellectual Property Talent Search Examination 2018’. Launched jointly by the Associated Chambers of Commerce and Industry (ASSOCHAM) and Ericsson, the talent search will reward high school students (Class 9-12) and undergraduate students who score well on the online examination. The objective of this test is to spread awareness about IPR by sensitising the youth and fostering innovation amongst them. This is in furtherance…


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Trademark

A Freudian Flip by the Delhi High Court – Of Trademark Similarity and a Psychological Slippery Slope


In Gillette Company LLC vs. Tigaksha Metallics Private Ltd, the Delhi High Court recently passed an order deciding to extend an ex-parte injunction restraining the defendant from infringing the plaintiff’s mark. Interestingly, the decision in favour of the plaintiff hinged a lot on psychological theories, about associative thinking and memory retrieval, read and endorsed by the judge. Background The plaintiff, Gillette, instituted a suit against two defendants, Tigaksha Metallics Private Limited and Supermax Personal Care Private Limited, seeking a permanent…


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Others

SpicyIP Weekly Review (July 15-22)


We have had another eventful week at the blog. Thematic Highlight Our thematic highlight for this week came from a guest post by Dr Balakrishna Pisupati, who wrote on the strict interpretation of the Biological Diversity Act 2002 and associated rules, which has resulted in a number of people falling foul of the legislation’s penal provisions. Dr Pisupati highlighted the dissonance in the provisions on access to genetic resources and benefit sharing which have been interpreted by the Indian Govt….


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Others

SpicyIP Fortnightly Review (June 24-July 7)


We have had an eventful fortnight at the blog: Thematic Highlight For our thematic highlight, we had a guest post from Prof. N.S. Gopalakrishnan. In the first of a series of posts, he writes about the problems in the Indian plant variety regime. In this post, he argues that the ‘enclosure movement’ in extant and farmers’ varieties is resulting in commonly available varieties being monopolised by private players. This has resulted in the plant variety regime working against the farmers since it reduces their…


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