Ritvik M Kulkarni

Ritvik Kulkarni is a final year student at ILS Law College, Pune. He is the Student Coordinator of the ILS Intellectual Property Rights Cell and Student Editor at the ILS Abhivyakti Law Journal since 2014-15. Ritvik first learnt of IP while preparing for his first moot; and has been regularly taking his weekly IP fix ever since. Additionally, he takes interest in learning the law and practice of domestic and international dispute settlement. Speaking of disputes, he's an ardent follower and jabra fan of Game of Thrones. You can get in touch with him at [email protected]; and dont worry he loves F.R.I.E.N.D.S too.

Copyright Trademark

Spoilt for Choice? Not anymore: The Delhi High Court returns plaint since no part of cause of action arose in Delhi


In a recent decision, a Single Judge of the Delhi High Court refused to entertain Allied Blenders’ action for infringement of its TM OFFICER’S CHOICE since the plaint disclosed that the Defendant’s infringing use was restricted only to Andhra Pradesh. Furthermore, the Court also observed that it will not assume jurisdiction merely because the plaintiff has stated at the fag-end of the plaint an apprehension that the Defendant is likely to engage in the infringing activity in Delhi as well….


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Others

SpicyIP Weekly Review (December 25-January 1)


First off, here’s wishing a very happy, scintillating and spicy new year to all our readers! Now onto wrapping up the last week of 2016: In our most important development this week, Pankhuri has painstakingly compiled a list of the top 10 IP decisions and developments as well as other notable IP developments from 2016. Our topical highlight for this week is Balu’s take on the groundbreaking decision where a division bench (DB) of the Delhi High Court held that…


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Copyright

Of Artificial Intelligence and Authorship


A few weeks ago I had blogged about the Delhi High Court’s decision in Gurukul v. Evergreen. Here, the defendants challenged the copyrightability of ICSE Board Examination question papers (the Papers) and also perused the fair dealing defense of review under the Copyright Act (the Act). I covered these two aspects of the case in detail in my post. This dispute also raised the issue of whether copyright authorship can vest in artificial persons, which I aim to deal with…


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Others

SpicyIP Weekly Review (November 13-19)


This week’s topical highlight was Prof. Shamnad’s insightful tribute to celebrated singer Leonard Cohen. Prof. Shamnad writes a heartwarming piece on Cohen’s life as a musician and examines his tryst with copyright. He notes that while Cohen lost all rights in his blockbuster song “Suzzane”, he took it like a sport and cherished the purity of the music and the moment. He also recounts Cohen’s forgiving and compassionate nature while dealing with a former manager-friend who ripped off the singer…


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Copyright

Copyrightability and Fair Use of Examination Question Papers


In a recent decision, the Delhi High Court (HC) has vacated an injunction against the publisher of guide books to the ICSE and ISC examination questions papers and directed the Trial Court to adjudicate the injunction application afresh. Parties and Claims The plaintiff is a leading publisher of school-level academic books in India. The Council for the Indian School Certificate Examinations (ICSE Board/ the Board) [Defendant No. 3] conducts examinations of ICSE and ISC Board. The plaintiff had obtained an…


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Drug Regulation Patent

Domino Effect: Teva withdraws patent application in India after USPTO invalidates its patent in blockbuster drug COPAXONE


In a groundbreaking development, Israeli behemoth Teva Pharmaceutical Industries Ltd. (Teva) has suffered a third consecutive blow after the US Patent Office (USPTO) invalidated its third patent [U.S. Patent No. 8,969,302] for COPAXONE (Glatiramer Acetate) on September 1, 2016. According to The Financial Express, the USPTO upheld a Mylan’s challenge in an Inter-partes Review (IPR) and found that all claims in the said COPAXONE patent were un-patentable. The 40mg version of COPAXONE is a $4 billion blockbuster injectable drug used…


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Others

SpicyIP Weekly Review (August 28 – September 3)


We have two topical highlights this week: Inika’s report on Madras HC’s latest John Doe order and Pankhuri’s brilliant report on Cipla’s withdrawal of its revocation application for Novartis’ Onbrez. In the first, Inika reported the Madras HC’s unfortunate order to block 830 websites under a ‘John Doe’ injunction for ‘A Flying Jatt’. She notes that the Court has also agreed to block offline mediums such as 5 cable TV operators and 8 unknown persons. This injunction order will be…


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Copyright Trademark

Delhi High Court reinforces jurisdictional importance of cause of action; lambasts Single Judge for dissenting with division bench in Ultrahome


In Ultrahome Constructions v. Purushottam, a division bench of the Delhi High Court interpreted IPRS v. Sanjay Dalia to hold that the plaintiff will be constrained to sue at the place of its subordinate office if the cause of action arises there and not at the place of its principal office. The Delhi HC has essentially upheld the importance of the existence of the cause of action while determining jurisdiction in copyright and trademark litigation. Now, the Delhi HC has…


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Copyright Trademark

Delhi High Court: Plaintiff must sue at principal office when cause of action absent from subordinate office


In my previous post (here and here), I analyzed the jurisdictional position of IP litigation after the SC’s decision in IPRS v. Sanjay Dalia. I noted there that a division bench (DB) of the Delhi High Court has interpreted Dalia in Ultrahome Constructions v. Purushottam Kumar Chaubey; wherein the Delhi HC ruled that the plaintiff cannot sue at the place of its registered office when it also has a subordinate office where the cause of action has also arisen. The Delhi HC…


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Copyright Trademark

Where do I Carry on Business?: The Jurisdictional Conundrum post IPRS v. Sanjay Dalia (Part II)


Delhi High Court’s Interpretation of Dalia In Ultrahome Constructions v. Purushottam Kumar Chaubey, a Division Bench of the Delhi HC had an opportunity to interpret IPRS v. Sanjay Dalia.  The Plaintiff was the owner and used the mark “AMRAPALI” inter alia in relation to hotels. It had its registered office in Delhi. The Defendant was using the impugned mark “AMBAPALI GREEN” in Deogarh (Jharkhand), where the Plaintiff also operating a hotel under its AMRAPALI trademark. The Plaintiff brought a suit…


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