Geographical Indication

G.I. Joe of India’s Geographical Indications


In this post, Balu Nair, our Spicy IP Fellowship applicant profiles the winner of the National Intellectual Property Award, 2016, Ganesh Hingmire and his contributions to the field of GIs. In an earlier post, Aparajita had raised the need for India to find a saviour to protect its Geographical Indications (“GI”). Ganesh Hingmire certainly seems to be answering this call with aplomb. According to a Times of India report, Mr. Hingmire has been chosen for the National Intellectual Property Award, 2016 for…


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Copyright

Chitra Jagjit Singh v IPRS


In this post Vasundhara Majithia, our Spicy IP Fellowship applicant discusses the recent decision in Chitra Jagjit Singh v The Indian Performing Rights Society in which the IPRS was restrained from granting any license and recovering any license fee in respect of Jagjit Singh’s work. The Indian Performing Rights Society (“IPRS”) has once again stumbled into a controversy regarding the grant of licences.  We have blogged about other controversies involving the IPRS here and here. Cause of Action In a…


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Patent

Lessons from Xiaomi’s Patent Portfolio Expansion


In this post, Balu Nair, our Spicy IP Fellowship applicant discusses Xiaomi’s recent patent portfolio expansion strategy and compares it with the approach adopted by Indian smart phone manufacturers. This report found here on the massive expansionary policy of Xiaomi vis a vis its patent portfolio is quite insightful from both an academic standpoint and that of patent strategy. The post explores why it is important to create a sizeable patent portfolio despite observations that most individual patents have little…


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Copyright Patent

Shiva Ayyadurai: The Inventor of Email?


The death of Ray Tomlinson, also known as the ‘inventor of email’, last month brought to the forefront once again the long running efforts of Mumbai born Dr. V.A. Shiva Ayyadurai to be recognised as the inventor of email. In this post, our Spicy IP Fellowship applicant, Inika Charles discusses the Ayyadurai email dispute. Readers can also read about another similar controversy involving Marconi and JC Bose which we had blogged about earlier here. On March 6th, 2016, computer engineer,…


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Trademark

Gufic Private Limited and Anr. Versus Vasu Healthcare Limited


In this post Rahul Bajaj, discusses the recent judgment in Gufic Private Limited and Anr. Versus Vasu Healthcare Limited . There are few greater joys in the life of an IP enthusiast than reading an eloquent, nuanced and pithy judgment of Justice Gautam Patel of the Bombay High Court. His recent judgment in the case of Gufic Private Limited and Anr. Versus Vasu Healthcare Limited (Notice of Motion No. 399 of 2013 in Suit No. 164 of 2013 decided on…


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Patent

DIPP responds to plagiarism allegations


We had earlier blogged about the DIPP paper on Standard Essential Patents and their availability on FRAND terms facing plagiarism allegations following a Facebook post by Dr. Arul Scaria. The DIPP has taken cognizance of the comments and has now uploaded a revised version of the paper.  Readers will recall similar corrective action being taken last year in the Roche v Cipla case where the judges accepted the charges of plagiarism. We had blogged about it here. One of the…


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Copyright

Can literary characters be copyrighted?: Criticism of the “Story Being Told” Test and The Indian Status -II


In this post Prateek discusses the “story being told test” and discusses copyrightability of characters in the Indian context. This is the second part of Prateek’s two part post on whether literary characters can be copyrighted. This is the second blog post emanating from the discussion of the D.C. v. Towle case, in which the 9th Circuit Court had to decide upon whether the Batmobile was a copyrightable character. The Court used a three pronged test, which was a reformulation…


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Copyright

Can literary characters be copyrighted?: A Reformulation of the “Especially Distinctive” Test-I


We bring to you a two part post by our Spicy IP Fellowship applicant, Prateek Surisetti in which he analyses through US and Indian case law whether literary characters can be copyrighted. When can a literary character be copyrightable? There are two well-known tests that are used to determine the copyrightability of a literary character. We have earlier on the blog discussed through case law the evolution of the “Especially Distinctive” Test and the “Story Being Told” Test. In “D.C….


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Trademark

Win-Medicare Private Limited v. Galpha Laboratories Limited


In this post, our Spicy IP Fellowship applicant Vasundhara Majithia analyses the recent decision in Win-Medicare Private Limited v. Galpha Laboratories Limited . It is a well-accepted proposition that passing off causes injury to both the genuine manufacturer as well as the consumer. In cases of passing off, courts usually apply the test of ‘average man of ordinary intelligence’ to adjudge the overall similarity of the products. However, unlike other goods, confusion or deception in the pharmaceutical industry can have…


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Patent

DIPP’s Discussion Paper on Standard Essential Patents faces plagiarism allegations


We bring to you a guest post by Jithin Saji Isaac on certain portions of the DIPP’s  recent Discussion Paper being plagiarized. Last year saw a splurge of plagiarism reports including academic plagiarism, judges’ plagiarism and even the guideline to approach plagiarism being plagiarized. The stage has now been taken by the Government of India’s Department of Industrial Policy and Promotion (DIPP) of the Ministry of Commerce & Industry. The Discussion Paper on Standard Essential Patents and their availability on…


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