Author name: Shan Kohli

Piccadily Agro Industries v. Ashok Narwal : Delhi High Court on Cause of Action in Passing Off Claims

/ By / Copyright, Trademark

This week Rahul Bajaj, our first Spicy IP fellow for this year, analyses the recent Delhi High Court judgment in Piccadily Agro Industries Ltd. v. Ashok Narwal and Anr. As we’ve noted on this blog before, the precise meaning and import of the explanation to Section  20 of the Civil Procedure Code (“Code”) has been a hotly contested issue in courts across the country. Section 20 of the Code, as our readers would know, inter alia, empowers the Plaintiff to […]

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Spicy IP Fellowship 2016-17: Union Budget 2016- An analysis from an IP perspective

/ By / Innovation

This is the second part of Ritvik’s two part post on the analysis of the 2016 budget. Union Budget 2016: The Finance Minister proposes Tax Sops on IP exploitation and Sobs on R&D Expenditure (Part-II) In the earlier post, I dealt with two important IP-based tax sops from the Union Budget 2016. In the present post, I will be dealing with a much celebrated reduction in income tax for startups. Concession stand At present, the income earned from patent royalty

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Spicy IP Fellowship 2016-17: Union Budget 2016- An analysis from an IP perspective

/ By / Innovation

In post, Ritvik Kulkarni our Spicy IP Fellowship applicant brings us his analysis of this year’s Union Budget. This is Ritvik’s third submission for the fellowship. Union Budget 2016: The Finance Minister proposes Tax Sops on IP exploitation and Sobs on R&D Expenditure (Part-I) The Finance Minister (“FM”) has announced favourable policies for the innovation industry in this year’s Union Budget. FM Arun Jaitley has announced four main IP-based tax developments in the budget. They are briefly : 100% tax

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Spicy IP Fellowship 2016-17: enGENDERing (a) Neutral IP Regime: Some Reflections

/ By / Copyright, Innovation, Patent, Trademark

Our Spicy IP Fellowship applicant, Balu Nair, sent us this piece below for Women’s Day a couple of weeks ago. This is his first submission for the fellowship. This piece titled Women on Top: How these women showed India the way in filing patents in global technology published at Your Story, on the occasion of Women’s Day highlights the achievements of women patentees from India. At the same time, it paints a grim picture of the dismally low number of

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Spicy IP Fellowship 2016-17: India’s ‘Private’ Assurance to USIBC on Compulsory Licensing

/ By / Patent

In this post Inika Charles, our Spicy IP Fellowship applicant discusses whether India’s private assurance to USIBC that it would not invoke compulsory licensing for commercial purposes  indicates a shift in government policy . Inika is a third year law student at the National Law University, Jodhpur. This is her first submission for the fellowship. Last month, the Indian government privately assured the US-India Business Council (“USIBC“) that it would not invoke compulsory licensing for commercial purposes, as reported in

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Houzz versus Houzify- A Case of Execution Without Trial?

/ By / Trademark

In this post Rahul Bajaj, our first SpicyIP Fellow for this year analyses the recent tussle between Houzz and Houzify over use of their trademarks. Barely a month after Facebook decided to pull the plug on its Free Basics initiative, a recent case of the social media giant acting as a trademark cop has reinforced the need for internet gatekeepers to act in a transparent and non discriminatory manner. Facebook recently deactivated the social media page of a Bangalore-based home

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Spicy IP Fellowship 2016-17: Rejoinder to Ritvik’s post on Mac Personal Care v. Laverana

/ By / Trademark

Over the last couple of weeks we brought you Rahul Bajaj and Ritvik’s analysis of the decision in Mac Personal Care Pvt. Ltd. and Anr. versus Laverana GMBH and Co. KG and Anr. Ritvik had argued here that Indian courts have recently become lenient in protecting foreign marks which are not being used in India. In this post Rahul Bajaj, our first Spicy IP fellow for this year offers a rejoinder to Ritvik’s analysis. Last week, I analyzed the Delhi

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Spicy IP Fellowship 2016-17: Melancholy Melons-A Comment on the EPO’s Revocation of Monsanto’s Patent

/ By / Biological Diversity, Patent

In this post Divya Mirlay,examines the European Patent Office’s (“EPO“) recent revocation of a patent on virus resistant melons.  This is Divya’s second submission for the fellowship. Opponents of patents on conventional breeding have a lot to celebrate over the EPO’s recent revocation of Monsanto’s patent on virus-resistant melons. The results of the oral proceedings revealed that the revocation was based on two grounds: First, that there existed at least one ground for opposition which prejudiced the maintenance of the

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Spicy IP Fellowship 2016-17: Devagiri Farms v. Sanjay Kapur

/ By / Trademark

In this post Rahul Bajaj analyses the recent decision of the Delhi High Court in Devagiri Farms vs. Sanjay Kapur in relation to “trade dress” infringement. This is Rahul’s fourth submission for the fellowship. Even though Indian courts used to frown upon the possibility of affording protection to the unconventional features of products comprising the trade dress before the 1999 Trademark Act came into force, the widely worded definitions of ‘mark’ and ‘trademark’ in the enactment, coupled with the emergence

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Spicy IP Fellowship 2016-17: Examining Risk Construction and Public Engagement in the GM Debate

/ By / Innovation

In this post Job Mathew examines the debate surrounding Genetically Modified crops in India. This is Job’s first submission for the fellowship. The debate surrounding Genetically Modified crops has been one of the most polarized debates of our times. Economic Survey 2015-16 which came out a few days back opined that adoption of hybrid and high yielding variety seeds are a definite pathway to achieving higher productivity in Indian agriculture. A few editorials that appeared in national newspapers over the

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