Author name: Shouvik Kumar Guha

Shouvik is at present employed as a Research Associate and a Teaching Assistant at The W.B. National University of Juridical Sciences, Kolkata. He has obtained his B.A. LL.B. (Hons.) degree from NUJS itself and is also currently pursuing his LL.M. degree from the same university. From his very year at law school, he had been attracted towards the discipline of Intellectual Property and that interest has been kindled further in course of time. The interface between IP and other disciplines such as Economics, Anti-trust Law, Human Rights, World Trade Law and the technological developments relating thereto, has especially caught his attention since then. He’s authored several papers on issues relating to IP and other legal disciplines for journals, books, magazines and conferences in national as well as international levels. He is also currently co-heading an organization called Lexbiosis, which is an endeavor meant to facilitate the collaboration between the legal industry and academia.

Spicy IP Tid-bit: WIPO launches Global On-line Resource

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(Image taken from here)In yet another move bound to please IP enthusiasts the world over, the very first day of June, 2010 saw WIPO come up with WIPO GOLD, a free, on-line global IP reference resource aimed to provide quick and easy access to a broad collection of searchable IP data and tools. Such data would range from technology, brands, designs, statistics, WIPO standards and IP classification systems to the features of different IP law regimes across the world and […]

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In ACTA India does (not) trust

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(Image taken from here) Recent developments indicate that India’s desire to strive to build a united front against the Anti-counterfeiting Trade Agreement (ACTA) (for previous posts, see here) being negotiated by some developed countries remains unabated with time. The said agreement can have harmful repercussions on exports of genuine off-patent drugs, information technology and other products from emerging markets. Proposed between the EU, the US, Australia, Canada, Japan, Korea, New Zealand and Switzerland, the purpose of ACTA is to enhance

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M.S.M. Satellite v. Star Cable Network: Piracy receives yet another ‘interim’ blow

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(Image taken from here) In the case of M.S.M. Satellite Singapore Pte Ltd. v Star Cable Network & Others [F.A.O. (OS) 211/2010] the Appellant M.S.M. had a wholely-owned-subsidiary Multi Screen Media Pvt. Ltd., which in turn had a distributor M.S.M. Discovery Pvt. Ltd., having the exclusive distribution rights over the Sony Set Max Channel in India. The Appellant had acquired “entertainment software” for distributing and broadcasting signals of channels such as Sony Entertainment (Max and SAB) and had also signed

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M/s Godrej Sara Lee Ltd. v. Reckitt Benckiser Australia Pty. Ltd: Jurisdiction ‘Designed’ to err?

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(Image taken from here) This case involves an appeal filed against an order of the Controller of Patents & Designs, Kolkata under Section 19(1) of the Designs Act, 2000, canceling registered designs for “Insecticide Coil” in Class 12 belonging to the Respondent Reckitt Benckiser. The Supreme Court had to decide whether the Delhi High Court, wherein the appeal had been filed, had the jurisdiction to entertain the same. The Appellant was a company against whom the Respondent had brought a

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Suggestions invited by the Copyright (Amendment) Bill, 2010 by the Standing Committee on HRD

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In a rather welcome move, the Parliamentary Standing Committee on Human Resource Development has extended an invitation to all to make constructive and useful suggestions to be considered for incorporation in the Copyright (Amendment) Bill, 2010. The Bill that has been introduced in the Rajya Sabha and is pending there at present, has been referred to the Standing Committee, headed by Shri Oscar Fernandes, MP, Rajya Sabha for examination and report. The purpose of the Bill is to introduce much-needed

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Spicy IP Tidbit: FICCI-IP Facilitation Centre opens in Delhi

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Recently Delhi has seen the launching of the FICCI-IP facilitation centre under the scheme “Building Awareness on Intellectual Property Rights” for Micro, Small and Medium Enterprises (MSMEs) of the National Manufacturing Competitiveness Program (NMCP) of the Ministry of MSME. As the work goes on ahead, this Facilitation Centre is gradually going to be linked to other local offices of FICCI situated at Kolkata, Jaipur, Mumbai, Ahmedabad, Hyderabad, Chennai and Bangalore. As a result, FICCI would subsequently be able to cater

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Guest Post: R for Ranking

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(Image from here) Suchita Saigal, a name familiar to the Spicy IP readers, brings yet another bit of ‘spicy’ IP news tid-bit to the fore for us, that has been presented as follows: A recent interesting entry on the PatentlyO blog deals with ranking patent law programs in the US. As is evident from the title, “Ranking of Patent Law Programs for 2011: Perhaps Six Junk-Science Ratings Are Better Than One“, the post adopts the process of aggregation to give

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Spicy IP Tidbit: WIPO celebrates World IP Day by unveiling New Logo

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On April 26, 2010, a day that marked the 10th anniversary of the World IP day as well as the 40th anniversary of the day the WIPO Convention had been entered into force, WIPO has chosen to come up with its new logo. This may be considered to be an effort on WIPO’s part to provide a new visual identity for the Organization, in conjunction with the new steps being taken to keep up with the manner in which IP

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Guest Post: ACTA – A Draft Trade Agreement with a Potential to Create Trade Barriers?

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The Spicy IP team is delighted to bring to the readers a Guest Post by Dr. Henning Große Ruse–Khan, who has kindly agreed to share with us the following comment on the ACTA draft and its potential to mandate trade barriers: After years of secrecy and forced by recent leaks (see here), the negotiating parties to an Anti-Counterfeiting Trade Agreement (ACTA), currently the EU, the US, Japan, Australia, South Korea, Singapore, Morocco, and Switzerland, now have released an ‘official’ draft

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Guest Post: To be or not to be 3(d)

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As promised, the Spicy IP readers are yet in the line for a treat in the form of the following exciting and insightful Guest Post from Suchita Saigal, a name familiar to any of the followers of this blog: SECTION 3(D) –AGAIN? In a recent article DNA reported that, several companies were filing patent applications for various forms of the same substance. The problem being that most of these forms did not satisfy the enhanced efficacy test laid down in

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