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.

University of New Hampshire School of Law seeks Executive Director for the Franklin Pierce Center for IP

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(Image from here) IP Job Opening: Some of the readers of Spicy IP may be interested to know of a new promising career position that has just opened with the University of New Hampshire (UNH) School of Law (formerly Franklin Pierce Law Center). UNH is currently looking for an accomplished IP professional with administrative experience and expertise to serve as the Executive Director for the Franklin Pierce Center for Intellectual Property. Profile of Employer Institution: For the rare few who […]

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Spicy IP Weekly Review (November Week 2)

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Image from here This week had started with a report on how the Tamil Nadu Handicrafts Development has sought to get the famous Pattamadai mats (Pattamadai pai from Tirunelveli district) and Nachiarkoil brass lamps (traditional lamps from Nachiarkoil in the Kumabakonam taluk in Thanjavur district) registered under the provisions of the Geographical Indications of Goods (Registration & Protection) Act, 1999. This was followed by Rajiv reporting on a notification issued by the DIPP on September 25, 2012 prescribing the rules

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Tamil Nadu set to register Pattamadai Mats and Nachiarkoil Lamps as GIs

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(Images taken from here and here)It is now the turn of Geographical Indications (GI) to once again come into the limelight after a short period of absence. For the uninitiated, GI with respect to a product is defined as that aspect of the product that refers to a country/region/place as being the point of origin of that product. Typically, such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the fact of it having originated

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Allegation against ICAR Scientist of falsifying Patent Claim to win Award

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(Image taken from here)In a rather startling development, an allegation has surfaced recently about a top-notch scientist, engaged in research relating to genetically modified (GM) food crops, having fabricated false claims with an eye to a national award. Dr. Kailash C. Bansal, a senior scientist in Indian Council of Agriculture Research (ICAR), had on July 16, 2009 been presented with the renowned Rafi Ahmed Kidwai Award for the exceptional research that he had conducted in transgenic crops in 2007-2008. The

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Spicy IP Weekly Review (October Week 3)

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This week (October 15-21) has seen its due number of happenings within the country and beyond insofar as the IP scenario is concerned, with 8 posts having been put up in the blog, covering a varied range of events. Guest Post on Xerox Victory   (Image from here) It started with a guest post by Adarsh Ramanujam, an IP lawyer, analyzing the impact in the Indian trademark law scenario of the judgment Ilango v. Rank Xerox Ltd. & Ors., wherein

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Spicy IP Weekly Review (October Week 2)

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This week (October 8-14) has seen quite a few happenings in the IP scenario in and out of the country and as many as 12 posts in the blog.   IPAB Appointment Controversy It started with Prashant covering the Delhi High Court judgment of Sanjeev Kumar Chaswal v. Union of India, which dealt with the controversies surrounding the IPAB appointments. In this matter, which was primarily about the suitability of candidature of Mr. Chaswal, the court had ruled against the

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Delhi High Court seeks to break the Myth of ‘Breaking Sports News’: New Delhi Television Ltd. v. ICC Development (Intl.) Ltd.

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[Image taken from here] In a very recent decision that promises to change the aspect of legally permissible ‘breaking news’, especially regarding sports events, the Delhi High Court has sought to lay down certain cogent principles which the Spicy IP team brings as follows for the benefit of the readers. [Warning: Long Post]   Case name: New Delhi Television Ltd. (Appellant) v. ICC Development (International) Ltd. & Another (Respondent) [(FAO) OS 460/2012]   Date of Judgment : October 11, 2012

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A Glass and a Half full of Purple Joy: Cadbury wins Trademark Battle against Nestle

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(Image from here)While the “Glass and a half full of joy” catchphrase is no longer being sported by Cadbury, the followers of Spicy IP, who have a sweet tooth, must be aware of the purple packaging that the chocolate giant has made famous throughout the years. The same has also been the subject matter of a recent trademark battle between Cadbury and arch rival Nestle before the Birmingham High Court.   As far back as 2004, Cadbury had applied to

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Novelty of Design: Tarun Sethi v. Vikas Budhiraja

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Name of the case: Tarun Sethi & Ors. v. Vikas Budhiraja & Ors. [Delhi High Court CS(OS) 1841/2008] Date of judgment: August 6, 2012 Bench composition: V.K. Jain, J. Facts of the case: Plaintiffs 1 & 2 were running a partnership firm manufacturing and selling hardware like door closers, spring hinges, etc. One of these products is a door spring being sold under the trademark ‘YEN’. As per the plaintiffs, the design of the spring, consisting of a unique capsule

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Access to Knowledge Platforms and Collaborative Ventures starting to get their due?

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(Image taken from here) “It is no good to try to stop knowledge from going forward. Ignorance is never better than knowledge.” –The thinker who’d come up with these immortal words, Enrico Fermi, would have been glad to hear about the current tidings in India, vis-à-vis ventures relating to access to knowledge. In the past few days, as many as three separate events have caught the eyes of the Spicy IP team that promises the development of a promising new

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