Author name: Shan Kohli

20th Century Fox Film Corporation v. Zee Telefilms Ltd. & Ors.

/ By / Copyright

This recently decided case involves a TV show, Time Bomb, produced by Zee Telefilms in 2005. The Plaintiffs alleged that this was a copy of their acclaimed show 24. The case was filed in 2005 and seems slightly dated since none of these shows are on air anymore. It is also quite puzzling to see the court deciding  on whether an interim injunction should be granted nearly 7 years after the suit was first filed in 2005. In this suit the […]

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Scheme to support International Patent Protection by SMEs and Technology Start up Units launched

/ By / Patent

The Department of Information Technology, Ministry of Communications and Information Technology (MCIT) and the Government of India have started a scheme to provide financial support to Small and Medium Scale Enterprises (SMEs) and Technology Start-Up units for international patent filing. This has been done to encourage indigenous innovation and capture growth opportunities in the areas of IP, information technology and electronics. Entities eligible to apply include registered Indian micro, small and medium enterprises, enterprises engaged in the manufacture or production

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The Epic Battle Concludes? : Times Publishing House Ltd. V. The Financial Times Limited

/ By / Trademark

The decision in the long standing dispute over the FT trademark was finally decided by the IPAB last month.  The case was an amalgamation of five related applications. The first application for removal of the FT mark was the main one since it encompassed issues raised in the other applications.  The IPAB ordered the removal of Financial Times Limited’s (FTL) mark from the register as it was not able to prove use from 1948. However it allowed FTL’s rectification application

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More bad news for the King of Good times as Force India Lose Aerolab IP Case

/ By / Copyright

When it rains it pours. As if Kingfisher’s woes weren’t enough, Mallya’s Force India lost their IP design battle against Aerolab last week, which is set to cost them about 850,000 euros plus legal fees which could amount to millions. The Chancery Division of the High Court of Justice last week finally gave its verdict in this long running dispute. The judgement which runs to over 300 pages and involved 14 days of hearing is finally out. The full decision

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The debate on copyright for DNA sequences finally put to rest? : The Delhi High Court’s Verdict

/ By / Copyright

The Delhi HC recently in Emergent Genetics India Pvt. Ltd. v. Shailendra Shivam and Ors. discussed the copyrightability of DNA sequences and whether they could be classified as ‘literary works’ under the Indian Copyright Act. This case is especially interesting given that this seems to be the first time that such a question has arisen before an Indian court being earlier confined to academic discussion. Dramatis Personae Plaintiff 1: Emergent Genetics India Pvt. Ltd. (formed as a result of a

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A look at The Draft National Pharmaceuticals Policy, 2011

/ By / Uncategorized

This post gives an insight into the Draft National Pharmaceuticals Policy released last month. The policy’s objective is: to put in place a regulatory framework for pricing of drugs so as to ensure availability of essential medicines at reasonable prices while providing opportunity for innovation and competition. The 2011 policy follows two failed attempts (2002 and 2006) to replace the 1994 policy currently still in place. Main Features of the Policy Prices would be regulated based on essentiality of drugs

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T-Series set to face the music as CCI launches an investigation

/ By / Competition Law

A recent report in Mint, available here states that the Competition Commission of India (CCI) through its Director General has launched an investigation against T Series for charging arbitrary royalty rates from radio broadcasters. The case has been filed before the CCI by HT Media Ltd. through their lawyers, Amarchand Mangaldas. HT Media publishes Mint and Hindustan Times and operates four FM radio stations under the Fever 104 brand. T-Series has an estimated 80% market share in music rights. If

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Section 3(d) equivalent in the offing for Thailand…

/ By / Uncategorized

A slightly dated piece reported on IP Komodo (a wonderful blog dealing with IP issues from East Asia) caught Spicy IP’s attention. It states that The Thailand Health Systems Research Institute is planning to introduce an Indian Section 3(d) equivalent provision in its Patent Act. This is aimed at curbing the practice of ever greening in Thailand, since out of 2,000 patents granted over the last 10 years over 1,900 consist only of mere changed formulations, alternate medical uses or

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Part II: Gandhi Trademark Opposition filed in Ecuador

/ By / Trademark

In continuation of our two part series on the Gandhi Trademark opposition filed in Ecuador, in this post we will look at the provisions in Ecuador law and the effect they are likely to have on the outcome of the opposition petition. We would like to thank Jeremy Phillips, founding member of IP Kat and Patricia Covarrubia from IP Tango immensely, for taking us through Ecuador’s trademark law and the provisions which would apply to this particular case. As stated

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Part I: Gandhi Rice Trademark opposition filed in Ecuador

/ By / Trademark

As promised in an earlier post we bring you a detailed analysis of the Gandhi trademark opposition filed in Ecuador by Lalit Bhasin. This post has been divided into two parts: Part I will deal with the issue by analysing provisions of Indian law and in Part II we will look at provisions of Ecuador law and their bearing on the issue. Background According to a news report Bhasin has filed an opposition in his personal capacity to a request

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