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 Tidbit: WIPO’s Innovation Division falling victim to Budget-cut?

Image from here A few years back, an innovation division had been set up by WIPO (World Intellectual Property Organization), which was the brainchild of the incumbent Deputy Director General Pooley and was spearheaded by several prominent U.S. patent attorneys. Unlike most of WIPO’s activities, this went relatively unnoticed, devoid of much media exposure or publicity. However, the possible death-knell has perhaps been sounded for this young venture, if one is to believe a recent joint letter sent on July […]

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Gillette receives Rap on the Knuckle by IPAB

(Image from here)                                                          Case Name: M/s Gillette India Ltd. (hereinafter Applicant) v. M/s Harbans Lal Malhotra & Sons Pvt. Ltd. (hereinafter Respondent) and The Registrar, Trade Marks Registry. [IPAB Circuit Bench at Delhi: ORA/51 & 52/2005/TM/KOL AND M.P.No.392/2012 IN ORA/51/2005/TM/KOL] Date: June 21, 2013. Advocates: Hemant Singh (for Applicant) and Debnath Ghosh (for Respondent). Judges: Hon’ble Ms. S. Usha and Hon’ble Shri V. Ravi. Facts: The Applicant, an Indian subsidiary of a U.S. Company is seeking the removal of

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Spicy IP Weekly Review: 4th Week of April, 2013

Image from here The weekly review starts with a post by Gopika on the UK Supreme Court decision in Public Relations Consultants Association Limited v. The Newspaper Licensing Agency Limited, a case that dealt with whether copyright infringement proceedings could be brought against internet users for merely viewing copyrighted content on a website if they did not have a license from the owners of the copyright. The five judge bench unanimously held that such proceedings could not be brought against

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DU Copyright Controversy continues: Media joins the Fray

Image from here The readers of Spicy IP may be interested to know of the manner in which what had started off as a brief spark in the Indian copyright scenario is fast being stoked into a raging fire all over the country and beyond. No prize for guessing as such, I am of course referring to the Delhi University photocopy controversy. On the off-chance that a reader is getting to know of the incident for the first time, the

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Investors protest Rise in Royalty Rates paid by Asian Subsidiaries of MNCs: The Trend continues

Image from here Readers may remember a piece of news that I had carried in the blog few months back (see here and here) about the new relaxation in the Indian regulatory norms about the ceiling of payment that Indian branches of MNCs can make to their parent companies by way of royalties and technology transfer fees. The apprehension at that point of time was how this relaxation could be exploited by the MNCs to milk the profit out of

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Ramesh Sippy faces setback: Bombay High Court allowed Production of Sholay in 3-D to continue

DIRECTOR KAUN THA? KAUN THA DIRECTOR?Image from here Much like the evergreen appeal of the cult movie Sholay remains unabated despite the passage of time, so too the various contentions and litigations surrounding the rights relating to this movie refuse to die down. This latest debate has arisen in relation to the 3-D version of the movie that has been announced to be in pipeline some time back by Sasha, nephew of Ramesh Sippy. Ramesh Sippy, who had directed the

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Officer’s Choice v. Original Choice: IPAB allows Consumer to choose in Trademark Battle

Image from here Case Name: Allied Benders and Distilleries Pvt. Ltd. v. M/s. John Distillers Ltd. & Ors. [Intellectual Property Appellate Board Order (No. 44 of 2013); ORA/143/2008/TM/CH and ORA/34/2008/TM/MUM and ORA/34/2008/TM/MUM]. Decision Date: March 8, 2013. Bench Composition: Hon’ble Smt. Justice Prabha Sridevan (Chairman) and Hon’ble Ms. S. Usha (Vice Chairman). Facts of the Case: Allied Benders and Distilleries Pvt. Ltd. (ABD) manufactures and markets alcoholic beverages and has been using and promoting the mark OFFICER’S CHOICE for some

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Ericsson sues Micromax over SEPs in 100-crore Patent Suit: Delhi High Court awards Interim Deposit

Image from here In a move that is surely going to open a hornet’s nest soon in the future, Ericsson, the Swedish giant in mobile network infrastructure manufacturing, has recently filed a patent infringement suit against Micromax, one of India’s largest domestic mobile handset manufacturers (producing approximately 5.5% of the 200 million mobile handsets sold annually in India). The suit, filed at the Delhi High Court, involves a huge claim of Rs. 100 crores made by Ericsson by way of

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DU Photocopy Case: Academicians and Authors express Solidarity with Students, requests Publishers to withdraw Suit

Image from here The readers must by now be familiarized with the aspects of the Delhi University copyright controversy, with the frequency of its making one headline after another in the recent times. For those who aren’t, we refer to our posts here. In a rather interesting turn of events, a letter has been sent a few days back by a group of as many as 309 writers and academicians from all over the world to the publishing houses (Oxford

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Spicy IP Weekly Review: March 2nd Week

Image from here The second weekly review of March, 2013 starts with a post by Mathews P. George, where he introduced an article by Mr. Sriram Balasubrahmaniam from The Hindu, titled ‘First set up the labs, then dream the Nobel’. The author had criticized India’s unfavourable ecosystem for nurturing and retaining talent in science and technology and Mathews linked it up with his own views on the ‘Science, Technology and Innovation Policy, 2013’, where he’d noted the Policy’s lack of

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