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.

INTA Discussion on Trademark Litigation and Pre-Enforcement Strategies

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(Images taken from here) The followers of Spicy IP may be pleased to know that the International Trademark Association (INTA), that has organized a host of significant and informative discussions and programs in the past (see here, here and here), is coming up with what promises to be yet another relevant and lively discussion on trademark litigation and pre-enforcement strategies in India. The discussion is scheduled to take place on Saturday, September 10, between 10:30 a.m. and 2:00 p.m. at […]

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Lost in Relocation? No More: Long Arm of Trade Mark Registry hunts down Missing Applications

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(Image taken from here) Some of the readers may already be aware of the negative publicity that the Trade Marks Registry had got back in April, 2011, when it had been discovered that a number of registered trade mark files had gone missing from the archives of the Registry Offices at Mumbai, Delhi, Chennai, Kolkata and Ahmedabad. The matter had been revealed in a proceeding before Justice Murlidhar of the Delhi High Court, when the Department of Industrial Policy and

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It may be none of my business: but does that make it any of yours?

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(Image taken from here)Those familiar with the Indian Patent Act, 1970 are doubtless aware of the ubiquitous and controversial provision of S. 3(k) that excludes from the realms of patentability any business method. While A. 27 of TRIPS advocates patentability in all “fields of technology”, nonetheless, India as a developing country can also avail itself of the alternate paths laid out in Articles 70.8 and 70.9, which it has done by such exclusion as per S. 3(k). A business method

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Vacancy for Legal Manager in Trademark Law at Belgium Company’s Indian Subsidiary

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Longbow, a subsidiary of Darts-IP, Belgium, is looking for a Legal Manager in the field of Trademark Law. Darts-IP is a unique service provider for Intellectual Property professionals, offering a complete overview of European IP case law. The IP case law databases (trademark, patent, domain name, and design and models) at Darts presently contain more than 150,000 decisions from 400 courts in 22 European countries. Recently Longbow has established an office in Kolkata as a part of its expansion drive

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U.S. Entrepreneur accuses IIT KGP of stealing Technology!

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(Image taken from here)The renowned Indian Institute of Technology, Kharagpur (IIT KGP) and its affiliate Technology Incubation and Entrepreneurship Training Society (TIETS), often in the limelight for their innovative creations, seem to have attracted quite a serious bit of controversy this time around. A U.S.-based entrepreneur Mandana D. Farhang and her affiliate MA Mobile Limited have brought charges of misappropriation of technology against the illustrious institution in the Northern District Court of California and the matter seems to be assuming

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IGNOU and Rainmaker’s MIPL Program gears up for Intake

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(Image taken from here)Given the increasing degree of attention that IP is getting these days in India, as the readers of this blog must be aware of, it is not surprising that developing knowledge-driven sectors like Information technology, pharmaceuticals and media related industries are vying for the professionals well-versed in the language of IP. The latter enjoys quite an obvious edge over their counterparts, who, unable to ascertain the nuances of IP, often find themselves at a disadvantage with respect

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Delhi High Court rains on Champagne’s Parade

/ By / Trademark

(Image taken from here)Yesterday, the Delhi High Court had come up with a judgment vindicating IPAB’s stance regarding a matter of trademark opposition. The matter, titled Champagne Moet And Chandon v. Union Of India & Ors. [W.P. (C) 9778 of 2006], involves a trademark relating to champagne, which ought to prove especially interesting to the readers who also double as wine connoisseurs. Facts: The Petitioner (Champagne Moet) had challenged a trademark application filed by the Respondent (M/s Moets) regarding a

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"It’s Evident Enough!" Says Bombay High Court to IPAB

/ By / Trademark

(image taken from here)Recently, a Bombay High Court decision saw the Intellectual Property Appellate Board (IPAB) yet again being told in no uncertain terms to reconsider a decision. Name: M/s. Agar Distributors (India) (hereinafter Petitioner) v. IPAB and M/s. Lakh Enterprises (hereinafter Respondent) [Writ Petition No.364 of 2011] Judgment Date: April 29, 2011. Facts: Respondent had filed an application for registration of the trademark “BRIGHT STAR”, to which Petitioner filed an opposition on the ground of pre-existing registered trademarks “5

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It’s not about the Money anymore: CSIR to adopt New Developmental Model for Patenting

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(Image taken from here)Departing from the days of vigorously emulating the Western model of industry-centric IP protection under its erstwhile director R.A. Mashelkar, the Council of Scientific and Industrial Research (CSIR) seems to be all set to follow the path of a people-centric developmental model under the leadership of the current director-general Samir Brahmachari. With globalization often leading to a situation wherein the IP is held in one country, the product is designed in another, and manufactured and sold in

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Spicy IP Tidbit: IPASI comes into being

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The readers of Spicy IP, especially those hailing from the southern corners of India, will be interested to know of the birth of the nascent organization IPASI (The Intellectual Property Association of South India) on April 26, 2011, i.e. on the World IP Day. The inauguration that had taken place at The Tamil Nadu Dr. Ambedkar Law University, was performed by Hon’ble Justice Mr. Jyothimani of Madras High Court, who wished the best for this democratically formed association also indicated

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