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.

To be Labelled Bad is not too Good: Three-N-Products v. Emami Ltd.

/ By / Trademark

(image taken from here)Case Name: Three-N-Products Private Limited (Plaintiff) v. Emami Limited (Defendant) Judgment on: 29th January, 2010, Calcutta High Court Facts: The plaintiff manufactures and sells cosmetic products under the trademark ‘Ayur’ and ‘Ayu’ registered in and outside India. The Defendant was marketing products like ‘Himani Ayurdhara’ and ‘Himani Ayucare’. The plaintiff had sought relief in the form of a declaration that the defendant is not entitled to use the plaintiff’s registered trademark ‘AYUR’ and ‘AYU’ alone or by […]

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Managing IP presents Webinar on the Enercon Dispute

/ By / Uncategorized

Followers of Spicy IP are no doubt already aware of the proceedings relating to the Enercon patent dispute that has been closely tracked in several earlier posts (here, here and here). Given the significance of the Intellectual Property Appellate Board’s deliberation and decision in this matter vis-à-vis the development of patent law in India, especially pertaining to concepts such as interpretation of claims, identification of person skilled in the art, common general knowledge and obviousness, some good news is afoot.

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SpicyIP Guest Series: Chris Ohly and Sal Patel on Inequitable Conduct

/ By / Patent

(Images taken from here and here)This time, Spicy IP brings to its readers an incisive post by D. Christopher Ohly and Sailesh K. Patel on the matter of inequitable conduct during the filing and prosecution of a patent application. Chris Ohly, a well reputed and leading patent litigator in the US, and Sailesh Patel, another brilliant patent attorney and partner at Schiff Hardin, LLP., had even before this offered their joint expertise and scholarship to the Spicy IP readers here.(Statutory

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Microsoft awarded Punitive Damages in Software Piracy Case: Autodesk, Inc. & Another vs Mr. Prashant Deshmukh & Others

/ By / Copyright, Trademark

(Image taken from here)Facts of the case: Autodesk, Inc. (hereinafter “Plaintiff 1”) is a renowned U.S.-based design software and digital content company, providing design software to professionals, has several authorized resellers in India and also claims to be the owner of various trademarks in India, including AUTODESK and AutoCAD. Microsoft Corporation, (hereinafter “Plaintiff 2”) owns software such as Microsoft Windows and Microsoft Office and is almost a household name regarding computer peripherals. It also has a subsidiary company in New

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Guest Post: Made in India, faked in China

/ By / Uncategorized

Image take from hereSuchita Saigal, a name familiar to the Spicy IP readers, brings yet another piece of her refreshing and analytical reasoning to the fore for us, that has been presented as follows: I am of the opinion that a good post should begin with an interesting title. Hence, given the subject matter of this post, I searched for the word ‘bitter’ on Google hoping to come up with something interesting and witty, maybe a movie title, on the

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Chinese Mobile-chargers struck by Trademark Infringment Suit: L&T Ltd. vs Leuci Communications

/ By / Trademark

(Image taken from here) Facts of the case:The plaintiff, Larsen & Toubro Ltd. (L&T), a company owning the trademark/logo L&T (in a circle), is a renowned and established multi-national business organization that has been carrying on its business in India for many years. It has an impressive sales figure to flaunt and also spends large sums of money in advertising its mark and products. A sales engineer of L&T has come across a mobile charger made in China being sold

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Vakilsearch: The All-new Easy Online Access to Legal Services

/ By / Uncategorized

(Image taken from here) For those despairing to find easily accessible pocket-friendly online legal services, Spicy IP bears forth some long-overdue good news, in the form of Vakilsearch. A brainchild of Hrishikesh Datar, alumnus of the National Law School of India University (NLSIU), Bangalore, it takes a good shot to fill a lacuna that has been there for quite some time. Among others of its unique features, it enables a person to find competent and reliable professional legal help in

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Spicy IP Tidbit: Protection of Plant Varieties and Farmers’ Rights Authority appoints New Chairperson

/ By / Plant Variety Protection

(Image taken from here)Many of the followers of Spicy IP will probably be familiar with the organization Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA). The activities of PPV&FRA have been reported beforehand here and here, including an interview with the erstwhile Chairperson of the organization, Dr. S. Nagarajan. During Dr. Nagarajan’s tenure, PPV&FRA has been considerably active and successful in promoting the Plant Variety Protection regime in India, by way of hosting several National Consultative Seminars, advocacy programs,

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GIIP announces Executive Post-Graduate Program in Patent Protection, Enforcement and Management at Bangalore

/ By / Uncategorized

(Image obtained from here)The Global Institute of Intellectual Property (GIIP: an institute that offers IP related courses adhering to international standards) is soon going to offer what promises to be a very useful full-time Executive Post-Graduate Program in Patent Protection, Enforcement and Management. AIM: The program intends to provide professional skills in the field of patents, with a curriculum designed to train and translate knowledge gained into practical application, so that a person, following successful completion of the program, becomes

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IMRSCI announces Second Workshop for Junior Researchers on the Law and Economics of Intellectual Property and Competition Law

/ By / Uncategorized

(Image taken from here)Followers of Spicy IP may be interested to know that the International Max Planck Research School for Competition and Innovation (IMRSCI: A joint initiative by the Max Planck Institute for Intellectual Property and Competition Law as well as the Department of Economics, the Munich School of Management, and the Faculty of Law of the Ludwig Maximilians University of Munich) and the Professorship for Intellectual Property at ETH Zurich have decided to jointly host the Second Workshop for

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