Author name: Shwetasree Majumder

On 6th August, 2007, Hon’ble Mr. Justice Sanjay Kishan Kaul of High Court of Delhi passed an order which has taken the recent trend in the Delhi High Court of encouraging ADR in intellectual property disputes forward by leap and bounds. The order was passed in the case of Bawa Masala Company vs. Bawa Masala Company Pvt. Ltd. (OS No.139 of 2002). The matter had earlier been referred for mediation as there were a number of interlinked disputes pending before …

Delhi High Court ruling on Early Neutral Evaluation Read More »

Today’s Times of India reports (and correctly, for a change) that the Pakistani Government has allegedly sent a notice to the Indian Government objecting to the latter’s registration of Super Basmati for export. Finally the press seems to have understood that its a GI registration sought by India and not a patent, which is being objected to by Pakistan. The detailed news report is available here.

What does Chen Zhaoyang have in common with gmail? Forget it, don’t rack your brains as the answer is “nothing”. He is a cybersquatter who registered the domain name gmail.co.in in 2005. Google filed a complaint with the National Internet Exchange of India under the INDRP (.in Dispute Resolution Policy) seeking a transfer of the domain name in their favour. Today’s Hindu Business Line reports that the sole arbitrator Mr. A K Singh who was appointed by NIXI has passed …

谷歌贏爭端 – I meant "Google wins dispute" Read More »

As promised a few months ago, I bring you the final outcome of the eBay-Rowling controversy. In a detailed order running into 16 pages, the Delhi High Court has ruled on 31st May 2007 that …the responsibility and/or liability of the defendant No.5 who runs the said website (i.e. eBay) facilitating sale and purchase of goods and services by intending sellers and purchasers using its website, when such sale amounts to infringing the rights of others-like the present one where …

Ebay and Rowling (Part II) – Confounding the Conundrum! Read More »

Turns out I was wrong and Michael Moore had best pan his camera on this side of the world… Today’s Times of India (Front Page) reads: India to protest grant of yoga patents by US30 May, 2007, Sidhartha/TIMES NEWS NETWORK NEW DELHI: The Indian government has decided to lodge its protest against yoga-related patents issued by the US Patents & Trademarks Office. While the health ministry has decided to take up the issue directly with USPTO, the commerce department is …

Postscript to A dash of yoga… Read More »

A short synopsis of an interesting decision on patent law by a court in Bombay: Speaking Roses International Inc. v. Controller-General of Patents & Anr.(Misc. Petition No. 13/2006) Decision date: 12th February 2007 • Petitioners applied for a patent on 19.09.2002 for the method of providing an image on an organic product (flowers) however, the Respondent rejected the application by an order dated 19.04.2006.• The petition came up on board normally but the Respondents failed to appear despite service and …

A rose by any other name, speaks the same???!!!! Read More »