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]

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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Copyright

Copyright Office to Increase Stakeholder Participation and Transparency


A week ago, Prof. Basheer and Pankhuri brought out an incisive two-part post (here and here) on open access at the Indian Patent Office. Through their study on the accessibility of Compulsory license orders on the IPO website, they successfully highlighted how we at SpicyIP, have always been committed advocates of open, intelligible access. Our previous attempts to further this objective have also been documented in the introduction to their post. For the sake of convenience, and at the cost…


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Copyright

Up Against a ‘Deewaar’: Bombay HC Says No to Unauthorized Remix


A few days after his birth anniversary (read: in an instance of freakish coincidence), one of Kishore Kumar’s famous performances, Keh Doon Tumhe (well known as a hit RD Burman – Kishore Da collaboration) wound up at the Bombay High Court, in the form of subject matter of a copyright dispute. The song was part of a very popular movie from the 70’s – Deewaar. It so happened that the makers of the movie, Trimurti Films, woke up one morning…


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Others

SpicyIP Weekly Review (August 27 – September 2)


This week’s thematic highlight is Balaji’s post on the decision making process involved in the issuance of the CRI Guidelines, 2017. Through his post, Balaji analyses the response to an RTI application filed by him regarding the same. The information he requested via his application included inter alia, reasons for change in the 2016 Guidelines, details of the Expert Committee which recommended the issue of the 2017 Guidelines: its constitution, stakeholder consultations etc, and the final report finally by the EC including its…


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Trademark

The ‘Kwik’ Fix – Part II


Previously, in Part I, I had introduced the facts of the case and had dealt with some of the key issues thrown up by this order, including: infringement of the word-mark “Fevikwik”, disclaimers on the registrations, and validity of registration of “Kwikheal”. Here, I deal with the remaining issues and attempt an analysis of the order. Distinctive Packaging Pidilite claimed that even if Poma-Ex’s registration was valid, it wouldn’t allow for a defence u/s 28, 29 or 30 of the…


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Trademark

The ‘Kwik’ Fix – Part I


Earlier this month, through an interim order, the Bombay HC held that the mark “Kwikheal” is deceptively similar to “Fevikwik”. The court through J. Dhanuka undertook an elaborate analysis of the issues at hand and went on to grant an injunction against the proprietors of “Kwikheal.” As simple as the above seems to be, the order is equally layered. It records an exhaustive back-and-forth between the two parties and well-reasoned findings by the Judge. Before we launch into an analysis…


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Trademark

Delhi HC Issues Directions for Time Bound Issuance of Certified Copies of TM Records


Last month, the Delhi High Court through Justice Endlaw issued directions to the Registrar of trademarks, facilitating time bound issuance of certified copies of trademark office records. These directions were issued via an order passed in pursuance of a revision petition filed by the Registrar of trademarks (C.R.P. No. 146/2015). The revision petition was filed against an order of the Additional District Judge, issuing proclamation against the Registrar, under Order XVI Rule 10 of the CPC for non-production of records…


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