Author name: SpicyIP

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SpicyIP Weekly Review (May 27-June 2)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts by Lokesh on his ATRIP Winning Essay, the Delhi High Court’s decision in Vans v. FCB and the Delhi High Court’s decision awarding Rs. 200 crore damages in a patent infringement suit. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week ATRIP Winning Essay 2023: Whither Global […]

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

/ By / Trademark

On May 2, the Delhi High Court restrained Vans Inc. from seeking rectification of FCB Garment Tex’s “IVANS” trademark. Inter alia, Vans Inc backed its arguments for rectification with its recent recognition as a well known trademark. On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. Discussing what this observation could mean for trademark proprietors in future litigations, we are

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[Sponsored] Deadline Extended! Apply Now for the WIPO-NLUD-IPO Joint Masters/LL.M. at NLU Delhi

/ By / Opportunities, Sponsored

We are pleased to inform our readers that the deadlines to apply for the WIPO-NLUD-IPO joint Masters/ LL.M. programme has now been extended. The last dates to apply are June 3, 2024 10th June, 2024 (Indian Nationals) and 28th June, 2024 (Foreign Nationals). For more detail please read the announcement below: Deadline Extended! Apply Now for the WIPO-NLUD-IPO Joint Masters/LL.M. at NLU Delhi The National Law University Delhi is accepting online applications for admission to the Masters of Arts in

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SpicyIP Weekly Review (May 20-May 26)

/ By / Copyright, Patent, Trademark, Traditional Knowledge

Here is our recap of last week’s top IP developments including summaries of posts on the WIPO’s latest Treaty on IP, Genetic Resources and Associated Traditional Knowledge, agreements between EShodhSindhu and different publishers, Calcutta High Court’s decision in the Vodafone v. Saregama case, Delhi High Court’s decision in the Jackie Shroff personality rights case. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of

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Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK

/ By / Traditional Knowledge

Right on the heels of Praharsh’s post on the disclosure requirement in the new WIPO Treaty on IP, genetic resources and associated traditional knowledge, we are pleased to bring to you this guest post by Mr. R. S Praveen Raj highlighting the implications of this treaty on databases like the Traditional Knowledge Digital Library (TKDL) and emphasising on the need for a legislation for protection of traditional knowledge outside the IP framework. Mr. Praveen Raj is a scientist and technology

Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK Read More »

Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors

/ By / Copyright

On the recent Calcutta High Court’s decision (Vodafone v. Saregama) concerning rights of the authors, we are pleased to bring to you this post by SpicyIP Intern Surabhi Katare, highlighting the key issues in the dispute and sharing her take on the notable findings of the Court. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous

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A Decade after the DU Photocopy Case, Publishers get their Pound of Royalties from Indian Taxpayers

/ By / Copyright

On the licensing agreement between publishing houses- Oxford University Press and Taylor & Francis and the government run digital consortium E-ShodhSindhu, we are pleased to bring to you this guest post by Prashant Reddy T., explaining how this agreement may technically give the publishing houses what they wanted through the decade old DU photocopy case. Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here). He is also the co-author of two books-

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After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood

/ By / Trademark

Recently on May 15, the Delhi High Court granted partial relief to Hindi film actor Jackie Shroff in a case alleging infringement of his personality rights and trademark “Bhidu”. Interestingly, this case comes only a few months after the Delhi High Court’s order concerning personality rights of another Hindi film actor- Anil Kapoor, where the Court read his personality rights from the lens of right to livelihood. Comparing the approaches of the Courts vis a vis personality rights and the

After Anil Kapoor, Jackie Shroff Follows Suit! Taking a Look at the Recent DHC Order From the Perspective of Personality Rights & Right to Livelihood Read More »

SpicyIP Weekly Review (May 13- May 19) 

/ By / Copyright, Patent, Trade Secret, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week  Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law

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SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta

/ By / Copyright, Design, Trademark

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous posts can be found here.] The fashion industry will never go out of business! In 2022, the size of the domestic textile and apparel industry was estimated at a whooping $125 billion. Players in the fashion industry benefit

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