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.

Hahnemann alleges Trademark Infringement of Homeopathic Medicines

/ By / Trademark

The readers, who are inclined towards favoring homeopathic medicines over other forms of treatment, may find the following case to be of interest. The matter essentially involves a trademark infringement and is titled Hahnemann Laboratory Ltd. & Ors. Vs. The Hahnemann India Laboratories (BN) & Ors. that has been decided on February 3, 2012. In this case, petitioner had alleged infringement of its trademark ‘Arnimax’ coupled with a trade dress (silhouette of a lady with black hair, for which the […]

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India alleges Russian Dilution of GI in Darjeeling, Assam and Nilgiri Tea

/ By / Uncategorized

The readers will undoubtedly aware of the popularity enjoyed by certain products in India that have been granted protection under the special tag of geographical indication (GI). Darjeeling, Assam and Nilgiri teas are prime examples of such GIs that have achieved global popularity by way of export and are extremely valuable sources of foreign exchange earners for India. For those who are unaware, GI protection is accorded to products made in or originating from a specific region as recognition of

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Report of IP Roundtable Symposium organized by the MHRD IP Chair in NLU Jodhpur

/ By / Uncategorized

The readers of Spicy IP will already be aware of the two-day roundtable symposium on the ‘Emerging Legal and Policy Landscape of Intellectual Property Protection for Pharmaceuticals in India’ that was organized by the Ministry of Human Resource Development (MHRD) Chair on IPR at National Law University, Jodhpur in collaboration with the University Grants Commission on 17th and 18th March, 2012 (announced here). The symposium had brought together prominent multi-disciplinary experts, legal practitioners, academicians, policy specialists, representatives from the pharmaceutical

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Zanjeer Remake should seek Scriptwriter’s Permission: Javed Akhtar speaks outAkhtar

/ By / Copyright

(Picture taken from here)The regular readers of Spicy IP will undoubted be aware of the numerous controversies involving various rights associated with the so-called ‘remakes’ of popular movies in Bollywood. Allegations regarding unauthorized ‘borrowing’ of movie scripts, plots, scenes or music compositions have cropped up a dime a dozen in the recent times, often starting as lawsuits against the producer/director of the new movies that have culminated in out-of-court settlements. (For prior examples of different categories, see here, here and

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MHRD IP Chair in NLU Jodhpur presents IP Roundtable Symposium

/ By / Uncategorized

The followers of Spicy IP may be pleased to know that a two-day roundtable symposium on ‘The Emerging Legal and Policy Landscape of Intellectual Property Protection for Pharmaceuticals in India’ is going to be held at the National Law University, Jodhpur on March 17 and 18, 2012. The symposium is the product of a joint effort by the Ministry of Human Resource Development (MHRD) Chair on IPR at NLUJ and the University Grants Commission (UGC). Among other contemporary issues, the

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Guest Post: ‘Highbrowed’ v. ‘Zippy’ Journalism – The Case of the Hindu and the Times of India

/ By / Comparative Advertising

Spicy IP brings for its readers the following guest post on the recent controversial comparative advertising campaign that has been going on between two of the leading national dailies. The post has been authored by Shatarupa Choudhury, a 5th year student pursuing her B.A.L.L.B. degree from the National University of Juridical Sciences, Kolkata (who can be reached at [email protected]). A tug of war between two giants of the print media sector is on. The Times of India came up with

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MNC’s Trademark revoked for Non-Use on Indian User’s Application

/ By / Trademark

About a month back, an interesting case of trademark revocation had passed through the Delhi Circuit Bench of the Intellectual Property Appellate Board, to which the Spicy IP team wishes to turn the readers’ attention. Name of the Case: M/s. Pops Food Products (P) Ltd. (Petitioner) vs. M/s. Kellogg Company (Respondent) [TRA/159/2004/TM/DEL] Decided on: January 6, 2012. Facts of the Case: Petitioner is the proprietor of the trademark POPS under Nos. 342674, 342675, 342676 in classes 30, 29 and 30

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INTA announces Annual Calendar of Events

/ By / Uncategorized

(Image taken from here)The followers of Spicy IP would undoubtedly already be familiar with the name INTA, which stands for International Trademark Association, a not-for-profit membership association (having close to 6000 trademark owners as members) dedicated to the support and advancement of trademarks and related intellectual property as elements of fair and effective commerce. Time and again, INTA has brought forth several significant and informative discussions and programs on trademark law-related issues in the past, which have been announced/reported in

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Guest Post: Website Blocking to Prevent Copyright Infringement: A Comparison of the Indian and UK Approaches Part 3

/ By / Copyright

For the readers of Spicy IP, Ms. Neeti Jain, an Indian lawyer specializing in media and entertainment laws, as well as issues involving copyright law and technology, Internet regulation and digital media, brings as follows the 3rd and final part of her incisive guest post series on website blocking to prevent copyright infringement. The earlier 2 parts of the series are available here and here. Part 3 – Never Say Die A statement by the UK’s Foreign Secretary, William Hague,

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Guest Post: Website Blocking to Prevent Copyright Infringement: A Comparison of the Indian and UK Approaches Part 2

/ By / Copyright

Ms. Neeti Jain, an Indian lawyer specializing in media and entertainment laws, as well as issues involving copyright law and technology, Internet regulation and digital media, continues as follows the 2nd part of her guest post series on website blocking to prevent copyright infringement. The 1st part of the series is available here. Part 2 – the UK Situation There have been proposals in the UK, primarily from the media industry, to block websites that host unlawful content. Website blocking

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