Others

SpicyIP Weekly Review (May 4 – 10)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) In a guest post, Nikhil Purohit wrote about the decision of BMW AG v. Om Balajee Automobile (India), wherein the Delhi HC granted an interim injunction restraining the defendant from using the mark ‘DMW’. Beginning with the Court’s analysis on deceptive similarity, Nikhil notes that the Court failed to acknowledge the obvious differences in the parties’ logos. He further observes that the Court…


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Trademark

BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment?


We’re pleased to bring to you a guest post by Nikhil Purohit, analysing the Delhi High Court’s recent grant of an interim injunction restraining an e-rickshaw manufacturer from using the mark ‘DMW’, in a trademark infringement action by the luxury car manufacturer BMW. Nikhil is a 4th year student at the National Law School of India University, Bangalore. BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment? Nikhil Purohit On March 23rd, the Delhi High…


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Others

SpicyIP Weekly Review (April 27 – May 3)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Divij covered the legal aspects surrounding digital access to libraries with reference to the COVID-19 lockdown. He notes that the legality of digital book-lending efforts have posed unresolved challenges to the copyright law in India. He notes that Indian copyright law incorporates the first sale doctrine, but the same has not been extended to the digital medium due to the ease…


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Copyright

US Supreme Court’s Decision on Copyrightability of Annotations to Official Code of Georgia: Can It Inspire the Access to Law Movement in India?


We are delighted to bring to our readers an insightful post by Dr. Arul George Scaria on the US Supreme Court’s recent decision in Georgia et al., v. Public.Resource.Org holding that annotations to the official code of Georgia are not copyrightable. In this post, he makes a case for the adoption of the government edicts doctrine by Indian courts to foster greater ‘access to law’ in India. Dr. Scaria is an Associate Professor of Law and Co-Director of the Centre…


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Trademark

Is Sub-Licensing of Trademarks Permitted under Indian Law? : An Alternate Interpretation


We’re pleased to bring to you a guest post by Kapil Wadhwa on the issue of permissibility of sub-licensing of trademarks in India. Last week, Latha had discussed this issue on the blog, arguing that sub-licensing is not permitted under Trade Marks Act. In this post, Kapil provides a different interpretation of the statutory provisions and argues that the Indian law does permit sub-licensing of trademarks. Kapil is an intellectual property law practitioner based out of New Delhi and a…


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Others

SpicyIP Weekly Review (April 20 – 26)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Namratha wrote about Cancer Patients Aid Association’s (‘CPAA’) call for revocation of Gilead’s Remdesivir, a drug being tested as a probable cure for COVID-19. She states that Remdesivir was granted a patent in India in February 2020, and that it has been touted as ‘essential’ for treatment of COVID-19 patients suffering from other serious health conditions simultaneously. She further notes that…


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Event Sponsored

SpicyIP Events: Sagacious IP’s Virtual Conference on the Occasion of World IP Day [April 28]


We’re pleased to inform you that Sagacious IP is organizing a virtual conference on the occasion of World IP Day on ‘How MSMEs can Innovate and Lead into a Green Future’. The Conference is scheduled to be held on April 28, 2020. For further details, please read the announcement below: Virtual Conference on ‘How MSMEs can Innovate and Lead into a Green Future’ on the Occasion of World IP Day [April 28] To mark the occasion of World IP Day, Sagacious…


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Others

Regarding the Scrapping of the IPAB


We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the shutting down of IPAB (our recent series of posts on which can be viewed here). Justice Sridevan needs no introduction – she served as a judge of the Madras High Court from 2000 to 2010 and as the Chairperson of the IPAB from 2011 to 2013 and her stint as both resulted in a number of significant IP developments, which we have covered here, here, here and here….


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Copyright

Offence of Copyright Infringement Cognizable or Not? : Still a Catch 22 Situation!


We’re pleased to bring to you another post by our intern, Bhavik Shukla, discussing whether the offence of copyright infringement under section 63 of the Copyright Act is cognizable or not. Through the post, he notes the impact of the classification of the offence on creativity and free speech. Bhavik is a 5th year student at NLIU, Bhopal. Offence of Copyright Infringement Cognizable or Not? : Still a Catch 22 Situation! Bhavik Shukla Recently, in a decision which has evoked…


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Others

SpicyIP Weekly Review (April 13 – 19)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight In an important and pertinent post, Namratha discussed the applicability of India’s fair use provisions to the use of copyrighted works for online education during the current COVID-19 pandemic. First, she notes that the scope of fair use under section 52(1)(i) of the Copyright Act is not merely limited to classroom teaching but to the entire process of education, including online…


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