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Rishabh Mohnot

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

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SpicyIP Weekly Review (Feb 4-10)


Thematic Highlight In the first of a two-part post, I wrote on the Supreme Court’s judgment in Star India v DIPP. In its judgment, the court delineated the regulatory powers of TRAI, in light of alleged overlaps with the Copyright Act. The court noted that the regulations passed by TRAI did not tread onto the ‘broadcast reproduction right’ granted under Section 37 of the Copyright Act. In the next part, I will discuss the court’s holding on the outcome if…


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Copyright Others

Supreme Court on TRAI’s Regulatory Powers (Part 1)


In this belated two-part post, I will try to unpack a judgment of the Supreme Court (available here) from October 2017, on the scope of TRAI’s regulatory power with respect to broadcasting services. It reached the Supreme Court in appeal after the Madras High Court dismissed the writ petition in a split decision. This case was about an unsuccessful challenge to the validity of certain provisions in the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order 2017 (‘Tariff…


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Others Trademark

IPAB Conducts Hearings and Passes Orders Despite Losing Quorum


It has recently come to our notice that the Intellectual Property Appellate Board (IPAB) has been conducting hearings and passing orders without the quorum mandated in the Trade Marks Act! Section 84(2) of the Trade Marks Act, read with Rule 20 of the IPAB (Procedure) Rules, 2003, require the presence of one Judicial Member and one Technical Member on the bench to form a quorum. Any order passed or hearing conducted without a quorum would, therefore, be illegal. Prof. Basheer…


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SpicyIP Weekly Review (Jan 21-27)


Thematic Highlight Our thematic highlight came from Prarthana, who wrote on the impact of intellectual property law may on culture. In her post, she discusses the meaning of the term ‘cultural appropriation’, which she notes may be lost due to incorrect usage. She notes that the crossroads between intellectual property and culture comes most concretely in WIPO’s draft articles on ‘traditional cultural expressions’, which speaks of protecting community rights over cultural expressions and manifestations. She concludes by discussing two recent…


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SpicyIP Weekly Review (Jan 14-21)


Topical Highlight Prof. Basheer wrote a post on the Monsanto decision that was recently passed by the Supreme Court. In his post, he highlights the magnitude of the litigation that has taken place and the different areas of law that must be considered. He also notes that much is yet to come from the dispute since the Delhi High Court will now conduct a trial over the patentability of the technology, which he suspects will also be a decision that…


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Copyright

IPRS Rejoins Cisac After a Two Year Hiatus


The Indian Performing Right Society (IPRS) has been readmitted to International Confederation of Societies of Authors and Composers (Cisac) as an associate member, after spending two years in exile. The readmission comes after a string of reforms carried out within IPRS, that that bring it in compliance with Cisac rules and best practices. Cisac is a non-governmental, not-for-profit organisation, and is the world’s leading network of authors’ societies, with 239 members in 122 countries. It represents more than four million…


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SpicyIP Fortnightly Review (December 17-30)


Here’s the round-up of the last fortnight of 2018! Thematic Highlight Prarthana wrote a post on Carlsberg Breweries v. Som Distilleries, in which a 5-judge bench of the Delhi High Court held that a composite suit for design infringement and passing off is maintainable, and further, a remedy for passing off for a registered design can be brought if the said design is not functioning as a trademark and if the remedy of passing off is claimed for trade dress…


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SpicyIP Weekly Review (November 26-December 2)


Prashant wrote a post about the impact of India’s biodiversity laws’ impact on scientists and businesses. After tracing the history of the biodiversity laws that we see today, he argues that the legislation should be repealed because it opens the door for arbitrary enforcement against businesses and impedes research efforts by scientists. Pankhuri informed us of the invitation for applications for the CLPR Equality Fellowship with the Centre for Law and Policy Research. The fellows will be expected to engage…


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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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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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