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 (3rd-9th March, 2014)

/ By / Others

  This week, SpicyIP covered an array of topics ranging across the spectrum of IP Law. The SpicyIP story of the week is Aparajita’s post covering the report by the National Council of Applied Research on Impact of Parallel Import on Copyrighted Works. It was opined that this report balances the concerns of producers and consumers, and urges stakeholders to come to an amicable solution, failing which an addition of the proviso to S.2(m) of the Copyright Act would be […]

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Censorship, Copyright And the End of ‘Innocence’

/ By / Copyright

Recently, a U.S. Circuit Court has ordered that Google must take down from YouTube the controversial parody film ‘Innocence of Muslims’ based on a copyright claim by actress Cindy Garcia, who makes a 5-second appearance in the film. Copyright Law exists, in contemporary wisdom, to reward and incentivize creativity. However, with the explosion of content that the digital age has ushered in, copyright has also often been used as a censorship tool. We had reported earlier this week about the

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‘Brahmos’ is a well-known Trademark: Delhi HC in Brahmos Aerospace Pvt Ltd v. FIITJEE Ltd. and Anr

/ By / Trademark

The High Court of Delhi, on February 24th, granted an interim injunction in favour of ‘Brahmos Aerospace Ltd’ restraining FIIT JEE, an institute that offers training for competitive exams from using the name ‘Brahmos’. The decision was granted in Brahmos Aerospace’s favour mainly on the ground that Brahmos is a “Well-Known Trademark” and can therefore be protected even in relation to dissimilar services, under S.29(4) of the Trademarks Act. The Facts Brahmos Aerospace Pvt Ltd is a Government Company set

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Weekly Review (10th-16th February, 2014)

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This week saw SpicyIP cover a wide array of topics. It began with Aparajita discussing in two different posts, Indian submissions made to the U.S. International Trade Commission’s decision to investigate India’s trade, investment and industrial policies and how it affects the U.S. Economy. The first post covered the submissions made by Professor Srividhya Ragavan (University of Oklahoma College of Law), Brook Baker (Northeastern University School of Law), and Sean Flynn (American University Washington College of Law) on issues pertaining to

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Was ‘Dumb Starbucks’ a Dumb Idea?

/ By / Copyright, Trademark

Last weekend, residents and tourists in Los Angeles were surprised to see a new coffee shop called “Dumb Starbucks”. The logo of the store was an exact replica of the Starbucks logo, except with the prefix ‘Dumb’. The interiors and menu were done up in a way similar to Starbucks, too. The only difference was that everything on offer at Dumb Starbucks, was for free. The store became an instant rage on Social Media, and in a rather anti-climatic ending,

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Registering Trade Marks Abroad Made Easy: Indian Government Releases Guidelines for Functioning Under the Madrid Protocol

/ By / Trademark

Earlier last year, SpicyIP had reported that India officially joined the International Trademark System by depositing its instrument of accession to the Madrid Protocol. Prior to India’s accession, there was much debate and discussion regarding the amendments to be made to the Trademarks Act and rules, in order to give effect to the provisions of the Madrid System. Posts on the history of the Trademarks Amendment Act, 2010 and the debates surrounding the same can be found here, here, here

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National Program on Technology Enhanced Learning- India’s Contribution to the Open Education Movement

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The National Program on Technology Enhanced Learning (“NPTEL”) is an initiative led by seven IIT’s and IISc, and funded by the Government of India. The website provides access to web and video-based courses in Engineering, Science and Humanities, taught by the professors of these eminent universities. There are currently more than 1,000 courses being offered on the website. They have recently introduced several new courses on Polymer Chemistry, Infrastructure Finance, Money and Banking, and several other subjects. The courses offered by NPTEL

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