Author name: Spadika Jayaraj

Spadika is a student of the National Law School of India University, Bangalore. Apart from Intellectual Property Law, she is also interested in Law and Technology issues.

SpicyIP Weekly Review (13th-19th October, 2014)

/ By / Others

Last week was a lively one at SpicyIP with us covering a range of issues such as secondary electronic evidence, jurisdiction in e-commerce disputes and the Supreme Court’s decision to invalidate the National Tax Tribunal. We also had a lot of Bollywood news- such as John Doe order for the film Happy New Year, a personality rights suit by Boney Kapoor, and more! Read on. The SpicyIP Story of the Week:  Swaraj brought us a post on the US Trade Representative’s […]

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Public Interest Prevails? Bristol-Myers Denied Interim Injunction in Patent Infringement Suit Regarding Export of HIV Drug to Venezuela

/ By / Patent

On 26th September, 2014, a Hyderabad Trial Court denied an interim injunction to Bristol-Myers Squibb (BMS) in a suit against generic manufacturer Mylan regarding the export of HIV Drug Atazanavir to Venezuela. While BMS had no product patents in either India or Venezuela, they had brought the suit on the basis of two secondary process patents. The Trial Court had earlier denied them an ex-parte interim injunction, following which BMS had approached the High Court to secure a status quo

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Tech Plus Media v. Jyoti Nanda: On the Copyrightability of Databases

/ By / Copyright

On 29th September, 2014, Justice Endlaw of the Delhi High Court dismissed a suit by a media house purporting copyright infringement on its database of users, as the database was “nothing but a collection of e-mail addresses” and therefore “[t]he plaintiff cannot be said to be the author or composer or having any contribution in the same”. Read the decision here. The plaintiff is a publication house in the field of Information Technology, running a print media publication and an

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SpicyIP Weekly Review (22nd-29th September, 2014)

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The SpicyIP Highlight of the week is two posts I wrote on the IPAB Rules. I first blogged about  the decision of the Bombay High Court on the power of the IPAB to collect evidence at the appellate stage. The Court held that the IPAB’s power is guided by the principles of O.41, R.27 CPC. SpicyIP had then unearthed a set of revised IPAB Rules that Former IPAB Chairman Justice Prabha Sridevan had drafted. These Rules explicitly state that O.41,

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The Proposed Revised IPAB Rules That Need to See the Light of Day

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SpicyIP has just unearthed a set of IPAB rules that had been drafted by former IPAB Chairman Justice Prabha Sridevan. Despite being submitted to the government two years ago, these rules have not seen the light of the day. This is unfortunate especially because these rules could have brought more clarity and efficiency in the working of the IPAB, apart from saving time and money of litigants who have often gone to Court over ambiguity in procedure. For example, earlier

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On Girish Karnad and the Criminalisation of Copyright Infringement

/ By / Copyright

On 23rd September, 2014, renowned playwright and Jnanpith award winner Girish Karnad was granted anticipatory bail by a Chief Metropolitan Magistrate in Bangalore in relation to a copyright infringement dispute. The nearly 10 year old dispute is between Karnad and writer Gopal Vajpayee. Vajpayee had written around 10 songs for Karnad’s play Nagamandala, in the late 1980s. In 2005, Karnad requested Vajpayee’s permission to use one of the more popular songs in the print edition of the play, for a

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IPAB’s Power to Collect Evidence during Appeals to be Guided by CPC and Public Interest- Bom HC

/ By / Others, Trademark

Case- Agar Distributors and Ors v. IPAB and Ors (W.P. 364/2011) In an important judgment of the Bombay High Court, Justices A.K. Menon and S.J. Vazifdar have clarified the scope of parties’ right to adduce evidence at appellate stage proceedings in the IPAB. They held that the IPAB, though not bound by the CPC, is still bound by the principles behind Order 41, Rule 27 of CPC. Therefore, while the IPAB need not “indiscriminately permit parties to lead further evidence

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Call for Papers: Rajiv Gandhi School of IP Law’s ‘IIT Law Review’

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The Rajiv Gandhi School of IP Law has recently launched a journal that aims to foster legal research. The Call for Submissions for the inaugural issue of the Journal is reproduced below: IIT Law Review (IITLR) is the flagship Journal of Rajiv Gandhi School of Intellectual Property Law. IITLR is a Bi-Annual peer reviewed publication from Indian Institute of Technology Kharagpur.  Founded under the Patronage of Dr (Prof) P.P. Chakrabarty and the Dean of RGSOIPL, Dr (Prof) Khushal Vibhute as

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SpicyIP TidBit: Indian Diplomat Naresh Prasad Appointed as Assistant Director General of WIPO

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On 16th September, 2014, the World Intellectual Property Organisation (WIPO) came out with an announcement detailing who composes the new WIPO Senior Management Team. Among the new appointees is Mr. Naresh Prasad, who has been appointed as the Assistant Director General by Francis Gurry, the Director General of WIPO. Mr. Prasad, a graduate of St. Stephens College, New Delhi and a member of the Indian Administrative Services, had previously been serving as the Chief Of Staff at WIPO from the

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Vringo v. ZTE- ‘Expert’ Need Not Have Specialised Degree

/ By / Patent

The ongoing dispute between Vringo and ZTE has yet another update by the Delhi High Court- this time, on the scope of who is an expert under S.45 of the Indian Evidence Act. Vringo had filed a suit for infringement of Indian Patent 200,572 against ZTE. The patent was related to making handover decisions in mobile communication systems. In February this year, an ex-parte temporary injunction was granted in favour of Vringo. In August, the injunction was vacated on the

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