Sreyoshi Guha

Sreyoshi is a law student at Symbiosis Law School, Pune. Her favourite thing about Intellectual Property Law is Copyrights. She can usually be found doing one of three things: dog-earing her favourite pages of her books, looking up a Zomato menu, or day-dreaming of the day she’ll finally meet John Mayer. She doesn’t have any notable achievements, except probably that one time when she encountered a crazy pigeon, and lived to tell the tale. Send her your thoughts at: [email protected]

Others

SpicyIP Weekly Review (December 10-16)


Bringing in this week’s thematic highlight, Prateek discussed a recent WHO Discussion Document with respect to seizures of medicines in-transit. The document has reportedly proposed “possible justifications for an intervention on the ground of public health”. Over the course of his post, Prateek deals with the discussion document and some of the primary issues with regard to confiscation of in-transit drugs. He identifies some of these issues as being – restricted access of affordable drugs to developed nations, infringement of…


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Trademark

(SpicyIP Duet) Aten, Hut! The SC Clarifies Law Regarding Rectification Proceedings


 (This post was co-authored by Harshavardhan Ganesan and myself. Long post ahead.) On 29th November, the Apex Court, by way of an SLP, conclusively settled (or did they? *dramatic music*) an extremely important question regarding TM rectification proceedings. The order, available here, appears to be comprehensive, well-reasoned, and one which provides for much needed judicial clarity on an important piece of legislation. However, at the risk of contempt, we found that the order gets quite befuddled at the end. So,…


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Others

SpicyIP Weekly Review (November 26 – December 2)


The topical highlights for this week, were brought by Prashant and Prateek, respectively – Prashant reported on the recent call for applications made by the DIPP, for certain appointments to the IPAB. Prashant notes that the DIPP’s decision to proceed with these appointments is strange, considering the Rules under which the appointments are to be made, as well as the Finance Act governing the Rules, have both been challenged. After reiterating some of the deep rooted issues concerning the Finance Act, Prashant…


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Geographical Indication

Why I Love My Rasogolla Without its GI Tag


As a Bengali, I can testify that there are two food items that have always ruled my plate – fish cooked in mustard oil; and fresh, hot Rasogollas. While this could appear to be a generalization of sorts, I haven’t met many Bengalis in my life with palates that are incongruous with the above. So, last week, when news of the GI tag for ‘Rasogolla’ being granted to West Bengal, spread across the country, the topic of “Geographical Indications” came…


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Others

SpicyIP Weekly Review (October 29-November 4)


This week, we had two thematic highlights – Simrat Kaur, an IP lawyer based out of New Delhi, wrote a guest post on Copyright Surrogacy. Simrat introduces copyright surrogacy as the attempt to reclaim copyright in public domain works. This process includes the making of digital reproductions of works that have passed into the public domain, and then claiming copyright protection over these digital reproductions. Simrat then traces the treatment of such “digital surrogates” under different jurisdictions – specifically the US and…


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Trademark

Asst. Registrar Files Criminal Complaint(s) against False Representation of Marks as ‘Registered’


Last month, the Assistant Registrar of trademarks, Chennai filed certain complaints before the JMFC, in Telangana, against four different proprietors over two common trademarks. We received information on the same through one of our readers, who also filed the RTI application (accessible in full, here) in order to obtain a copy of the complaints. The complaints are notable because they indicate a rare instance of recourse to criminal remedies provided under the Trademarks Act. Recourse taken, not by private parties…


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Patent

IPO Takes Steps to Improve Access and Enhance Data Sharing


Over the past month, I’ve written about efforts by the Copyright Office to improve access, stakeholder participation and democratize the copyright filing system (see here and here). It appears the office of the CGPDTM (hereinafter, Indian Patent Office or IPO) has also been making efforts to improve access and streamline data sharing. Weekly Release of FER Data BananaIP reports that the IPO will now be publishing in its weekly journal, a list of applications against which FERs have been issued…


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Others

SpicyIP Weekly Review (October 1-7)


Divij brought this week’s topical highlight through his post on the recent case of Icon Health v. Sheriff Usman. In this case, the Delhi HC held that the presence of the defendant’s goods on intermediary platforms such as Amazon, is enough to establish the court’s territorial jurisdiction. After briefly taking us through the facts and contentions, Divij notes that the Court has adopted a flawed reasoning for the above – especially in view of existing precedent laid down by the SC. Finally,…


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Copyright

Update: Two New Notifications Released by the Copyright Office


Last month, I’d reported on the release of two notifications by the Copyright office (see here). By way of those notifications, the Copyright Office had informed us of their intention to publish on their website: (a) a month-wise list of applications filed with the copyright office; and (b) a month-wise list of all entries – including rectifications and corrections – made in the register of copyrights starting from January, 2017. Aside from the rectifications (u/s49) and corrections (u/s 50) made…


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Trademark

Oh, ‘Sweet’ Trademark of Mine!


In an interesting case before the Madras HC, the popular “Sri Krishna Sweets” from Coimbatore became embroiled in a trademarks dispute. As someone unacquainted with this sweets manufacturer/eatery, I was (rather impatiently) schooled – by Google, as well as many of my South Indian friends – on the sheer extent of its popularity and reach. Readers similarly uninitiated may go here and here for a quick fact check. The company’s popularity was one of the things that made this otherwise…


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