We’re pleased to bring to you a guest post by Bhavya Solanki and Medha Bhatt, discussing the applicability of the fair use provisions of trademark law to unauthorised use of trademarks in the virtual world. Bhavya and Medha are 2nd year students at Maharashtra National Law University (MNLU), Mumbai. Virtual Reality, Augmented Reality and Trademark Law: How Freely Can Imagination Run? Bhavya Solanki & Medha Bhatt Technologies like Virtual Reality (‘VR’) and Augmented reality (‘AR’) are witnessing a…

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles?

by SpicyIP July 16, 2020

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We’re pleased to bring to you another guest post by our fellowship applicant Adyasha Samal, discussing the problems with the approach of protecting traditional cultural expressions (TCEs) under existing IP regimes, using hairstyles as an example of a widely appropriated TCE. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her second submission for the Fellowship. Her previous guest post can be viewed here. Cornrows and Cultural Appropriation: What is the Best Way to…

Patent

The Challenging Pursuit of Patent Claim Amendments in India

by SpicyIP July 15, 2020

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We’re pleased to bring to you a guest post by Durgesh Mukharya and Meenakshi Chotia, examining the Patent Office’s practice of allowing amendments in claims of a patent application. Durgesh is a Partner and Meenakshi is a Senior Associate at the Bangalore office of the IP law firm, K&S Partners. They have backgrounds in biotechnology and biochemistry, and are part of the Life Sciences – Patents team of the firm. They both are registered Patent Agents and their work primarily…

Trademark

Delhi HC Refuses Interim Injunction against Use of Acronym ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question Unanswered?

by SpicyIP July 14, 2020

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We’re pleased to bring to you a guest post by Devangini Rai, analysing a recent Delhi High Court order that refused to grant an interim injunction against the use of the acronym ‘TCV’ in relation to a typhoid vaccine. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Delhi HC Refuses Interim Injunction against Use of Trademark ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question…

Trademark

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law?

by SpicyIP July 10, 2020

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We’re pleased to bring to you a guest post by our fellowship applicant, Adyasha Samal. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her first submission for the Fellowship. In this post, she explores issues relating to morality based prohibitions in trademark law in light of the Court of Justice of the European Union’s decision permitting the registration of the ‘Fack Ju Göhte’ mark earlier this year. We’ve had several posts on the issue of…

Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles

by SpicyIP July 9, 2020

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We’re pleased to bring to you a guest post by Abhishek Iyer. Abhishek is a 3rd year student at the Gujarat National Law University (GNLU), Gandhinagar. Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles Abhishek Iyer Circulation of e-newspapers and its validity under copyright law have been regularly put on debate, SpicyIP had recently discussed it here. On similar lines, popular news publisher Jagran Prakashan Limited (‘Plaintiff’), found their e-paper being freely circulated online, through messaging…

Trademark

Book Release: ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’

by SpicyIP July 7, 2020

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We’re pleased to bring to you a guest post by Eashan Ghosh on his recently released book ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on his Medium page. He has written several guest…

SpicyIP Weekly Review (June 29 – July 5)

by SpicyIP July 6, 2020

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[This post has been authored by Rishabh Joshi, a 4th year student at Gujarat National Law University (GNLU), Gandhinagar.] Topical Highlights Nationalism, Drugs and Public Interest – Remdesivir and Beyond Swaraj highlights how nationalism can hinder public health in light of the ‘drug hoarding’ (Remdesivir) by the United States. He first starts by talking about how Remdesivir is not the most effective treatment for the COVID-19 virus as the improvement rate is not so high. He briefly discusses the intermingling…

A Look at the WTO Panel Report in ‘Saudi Arabia- Measures Concerning the Protection of Intellectual Property Rights’

by SpicyIP July 4, 2020

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Football fans may be aware of the joint statement last year by various sports bodies including Fifa, LaLiga, Premier League, and others, against the Saudi Arabia based beoutQ broadcaster for their unauthorized streaming of content on a commercial scale, as well as their (i.e., the copyright holders) inability to obtain legal counsel in Saudi Arabia in this matter, among other issues. In the meanwhile, Qatar had taken this matter to the WTO, and on 16th June 2020, the WTO Panel…

Copyright and Webinars: Ownership, Licensing and Fair Use

by SpicyIP July 3, 2020

2 Comments

We’re glad to bring to you a guest post by our Fellowship applicant, Shivam Kaushik, discussing issues relating to copyright ownership, licensing and use of the content and recordings of webinars under the Indian copyright law. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. His previous guest post on the blog can be viewed here. Copyright and Webinars: Ownership, Licensing and Fair Use Shivam Kaushik Covid-19 has brought all the conventional learning methods to a…

Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }
Adyasha Samal { Thanks for bringing this to light. If this requirement has not been fulfilled, then the IPAB has truly been quite lax on the procedural front. This could be... }
Praharsh Gour { Hi Ajay, Thank you for your engaging comment. I have a few points which I would like you to consider:- 1) As I have pointed out, courts are... }
Praharsh Gour { Hi GN, Thank you for your comments. I agree with your first point. Given that in a case of similar nature (which i have highlighted in the post)... }
AJAY AMITABH SUMAN { Dear Praharsh, thanks for appreciating my answer. However I still believe that Hon'ble High Court of Delhi did no wrong in observing that "export of a good shall... }

De-Coding Indian Intellectual Property Law

Virtual Reality, Augmented Reality and Trademark Law: How Freely Can Imagination Run?

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles?

The Challenging Pursuit of Patent Claim Amendments in India

Delhi HC Refuses Interim Injunction against Use of Acronym ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question Unanswered?

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law?

Book Release: ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’

SpicyIP Weekly Review (June 29 – July 5)

A Look at the WTO Panel Report in ‘Saudi Arabia- Measures Concerning the Protection of Intellectual Property Rights’

Copyright and Webinars: Ownership, Licensing and Fair Use

Patent Drafting Positions

DIGITAL Fellowship 2021