Patent

Spicy IP Fellowship 2016-17: The Government’s Price Control Order on GM Cotton may be bad in law


In this post, Rahul Bajaj, our Spicy IP Fellowship applicant analyses the recent order passed by the Ministry of Agriculture to regulate not only the maximum sale price of cotton seeds but also the royalty fees paid to bio-tech companies like Monsanto. This is Rahul’s second submission for the fellowship. Even as the Indian government is making a concerted effort to woo foreign investors by transforming India into an innovation hotbed through initiatives like “Make in India”, many of the…


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Trademark

Spicy IP Fellowship 2016: Goodwill Hunting- The Delhi High Court upholds LAVERA’s Trans-border Reputation, restrains MAC’s LAVERA


Last week we brought you Rahul Bajaj’s post on MAC Personal Care Private Limited & Anr. v Laverana GmbH and Co. Kg & Anr. on trans-border reputation in a passing off claim. This week we have a post by Ritvik Kulkarni on the same decision where he argues that though the courts may have in this case rightly restrained the Defendant from making dishonest use of an international mark, Indian courts have recently become lenient in protecting foreign marks which…


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Copyright

Spicy IP Fellowship 2016: Foul is Fair: The Applicability of the Fair- Use Defence to GIFs


In this post, Divya Mirlay analyses whether the ‘fair use defence’ can be used in the context of GIFs through a comparison of US and Indian case law on fair use. This is Divya’s first submission for the fellowship. The internet has recently morphed into a gurgling mess of memes, vines and Graphic Interchange Formats, (“GIFs”). GIFs comprise of short, soundless video clips typically lasting for about 2-6 seconds, forming an endless loop. The creators of GIFs may be issued…


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Trademark

Spicy IP Fellowship 2016: MAC Personal Care Private Limited & Anr. V Laverana GmbH and Co. Kg & Anr.


In the first post of our fellowship series, Rahul Bajaj, our Spicy IP Fellowship applicant analyses a recent decision of a division bench of the Delhi High Court in MAC Personal Care Private Limited & Anr. v Laverana GmbH and Co. Kg & Anr. on trans-border reputation in a passing off claim. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] Since the Indian Supreme Court delivered its landmark decision in N.R. Dongre versus Whirlpool…


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National Pharmaceutical Policy 2012


In an earlier post (here) we had blogged about the National Pharmaceutical Policy 2011 and its essential features.  The last post left off at AIDAN’s (All India Drug Action Network) PIL (Public Interest Litigation) and the Supreme Court’s (SC) observations that the government should ensure that the prices of essential drugs reduce rather than escalate.  During the hearing of this PIL the SC recently directed the Government to expedite the notification of the policy. It was notified on 7 December…


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Weekly Wrap (December Week 1)


The week began with Swaraj’s post on the lack of transparency surrounding the World Conference on International Telecommunications (WCIT) being held from Dec 3rd to 14th, 2012. An agency of the UN known as “International Telecommunication Union” (ITU) is hosting the WCIT to go over and revise the decades old International Telecommunication Regulations (ITRs) which govern standards and regulations for information and communication technologies. The preparatory documents to the meeting have been very secretive, with only member governments and a…


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Trademark

Supreme Court grants BharatMatrimony stay against Shaadi.com


Last week a three judge bench of the Supreme Court passed an order restraining Shaadi.com and other rival matrimonial websites from infringing BharatMatrimony’s trade mark. This was in response to a SLP filed by Consim Info P. Ltd, that whenever BharatMatrimony’s name was keyed in on Google search, the names of the rival websites appeared on the right hand side in the Ad words column. Earlier The Madras High Court had refused to pass an order restraining Google and other…


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Copyright

EBC granted injunction against Lexis Nexis for infringement of copyright


Last month we had blogged about the interim injunction granted in favour of Eastern Book Company (EBC) restraining Thomson Reuters (including Westlaw and Indlaw) from infringing the copyright in their law report Supreme Court Cases (SCC). In a further development, EBC has now been granted an interim injunction against LexisNexis India (including LexisIndia) and Butterworths by an order dated 22 September 2012 issued by the District Judge of Lucknow.   As with the previous order the court held based on…


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Copyright

Breaking: EBC granted injunction against Westlaw for Infringement of Copyright


The District Judge of Lucknow has passed an interim injunction against Thomson Reuters and its Indian operations Westlaw and Indlaw – Defendants, for infringing the copyright of Eastern Book Company’s (EBC)-Plaintiffs, law report, Supreme Court Cases (SCC).  The order restrains them from infringing copyright in the SCC law reports and from selling and distributing or making available to the public either through CDs or the internet copies of the databases which infringe the copyrights in SCC during the pendency of…


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Copyright

Copyright in Advertising Slogans?: Godfrey Phillips India Ltd. v Dharampal Satyapal Ltd. & Another


This case dealt with the question of copyrightability of advertising slogans. We had earlier blogged on this issue over here. It was decided in early July this year by the Delhi High court. The full judgment is available here.Facts The parties in this case are both pan masala manufacturers. Plaintiffs alleged that the Defendants had copied their advertising slogan, Shauq Badi Cheez Hai and brought the suit against them alleging infringement of copyright, passing off, unfair competition and dilution. The case was…


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