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.

Guest Post: SCOTUS shoots down Aereo in American Broadcasting Companies Inc v. Aereo Inc.

/ By / Copyright

Aereo is a company in the US which broadcasted television programmes over the internet for a monthly rental fee. On 25th June, 2014, SCOTUS held that Aereo’s model amounted to a “public performance” of the petitioners’ copyrighted works, thereby constituting infringement. The decision can be accessed here. SpicyIP, in this Guest Post by Mr. Manoj Menda, brings you a quick update on the decision. Mr. Manoj Menda is an IP professional with over three decades of experience in handling IP matters and […]

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Natco vs Abraxis: Patent Win, but Regulatory Struggle

/ By / Drug Regulation, Patent

On June 18th, 2014, the Indian Patent Office, for the second time, denied a patent to the anti cancer drug Abraxane manufactured by US- Based Abraxis BioSciences. The first rejection by the IPO was earlier in 2009, based on a pre-grant opposition filed by generic drug manufacturer Natco Pharmaceuticals.  Earlier this year, SpicyIP had reported that Abraxis had appealed this rejection to the IPAB on the ground of a violation of procedural law (they were not afforded an opportunity to

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SpicyIP Weekly Review (16-22 June, 2014)

/ By / Others

The SpicyIP Story of the Week is that Roche and Cipla have been ordered by the Delhi High Court to engage in mediation. It was noted by Madhulika in the post that with the ruling, while an opportunity to evolve patent jurisprudence on a vital matter has been lost, this case may also bring with it a high possibility of settlement as the Delhi High court ruling was 50-50- with validity upheld in favour of Roche and Cipla was acquitted

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The Path to Innovation is Open Models and not IP: India at WTO Trips Council

/ By / Innovation

On 11th June, 2014, at the WTO TRIPs Council, India made a strongly worded intervention when the agenda of ‘Intellectual Property and Innovation: Innovation Incubators” was tabled by the United States and Taiwan. According to the Taiwan official, incubation centres provide a set of integrated resources including research, access to equipment, office space, etc to help small and medium enterprises to help offset the risks they face when starting off. The admirably strong statement by India outlined how the “narrow

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It’s Payback Time- Punitive Damages Awarded in a Trademark/Copyright Infringement Case (Atlantic Industries v. Simon Food Processors)

/ By / Copyright, Trademark

On 26th May, 2014, the Delhi High Court, awarded punitive damages amounting to Rs. 2 Lakh in an ex parte order against the absconding defendant Simon Food Processors for infringement of trademark and copyright (read the judgment here). The case deals with trademark and copyright over the name and stylised logo of SCHWEPPES owned by Atlantic Industries, a wholly owned subsidiary of The Coca Cola Company. The plaintiffs contended that they were the registered owners of the trademark over the

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SpicyIP TidBit: 6-month Research Internship Opportunity at South Centre, Geneva

/ By / Event

South Centre is an intergovernmental organization which brings together developing countries to combine their efforts and expertise in promoting their common interests in the international arena. The orgranization undertakes  research and analysis oriented on various international policy areas that are relevant to the protection and promotion of the development interests of developing countries and responds to requests for policy advice and for technical and other support from collective entities of the South such as the Group of 77 (G-77) and China and

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Tekla Corporation v. Survo Ghosh: An Attempt at Introducing the “Misuse of Copyright” Doctrine in Indian Jurisprudence

/ By / Copyright

On 16th May, 2014, in the case Tekla Corporation v. Survo Ghosh,  Justice Endlaw of the Delhi High Court held that ‘copyright misuse’ does not constitute a legitimate defense for copyright infringement in India. In this post, I analyse the decision in Tekla Corporation in light of how the doctrine of copyright misuse is evolving in the USA. The judgment does not delve into the facts in detail. What can be gleaned is that the plaintiffs Tekla Corporation, Finland and Tekla India

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SpicyIP Weekly Review (5th-11th May, 2014)

/ By / Others

The SpicyIP Story of the Week is our interview with Manojna Yelluri, founder of IP start-up Artistik License,   a unique platform that seeks to help artists and creators with their needs and queries in navigating the world of Intellectual Property. The week began with Gopika’s post on 6th May being International Day against DRM. This was followed by my post on Sonu Nigam successfully getting an injunction from the Bombay High Court restraining singer Mika Singh from infringing upon Sonu’s

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Global Excess v. Union of India: Compulsory Registration for Import of Electronic Goods Not a Restriction on Parallel Imports

/ By / Others

On 17th January, 2014, the Gujarat High Court set aside a Writ Petition, holding that the “Electronics and Information Technology Goods (Requirement for Compulsory Registration) Order, 2012” which mandates the registration of fifteen categories of electronics items under the Compulsory Registration Scheme of Department of Consumer Affairs subject to compliance with Indian safety standards was neither violative of Arts. 14 and 19(1)(g) of the Constitution of India nor an indirect ban on parallel imports.  The petitioner in this case was

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Bollywood Music Awards and Personality Rights: Sonu Nigam v. Mika Singh and Ors.

/ By / Others

In a rare instance of litigation based on personality rights, the Bombay High Court, on 26th April, 2014 granted an injunction in favour of  singer Sonu Nigam, restraining the singer Mika Singh and the recording label OCP Music from publishing an advertisement that impinged on Sonu’s personality, image and civil rights. The dispute was regarding the publicity of the Mirchi Music awards. The defendants had put up billboards and hoardings containing Sonu Nigam’s image advertising the awards ceremony, without Sonu’s

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