Author name: Sumathi Chandrasekharan

Call for Papers: Conference on Emerging Issues of Law and Justice

/ By / Uncategorized

SpicyIP is pleased to announce a Call for Papers on behalf of the organisers at Campus Law Centre, Faculty of Law, University of Delhi, of an upcoming conference on “Emerging Issues of Law and Justice in the Coming Decade” to be held on March 26-27, 2010 in Delhi. Concept Note India has experienced major changes in its economic, social and political life during last two decades. Record economic growth has been accompanied by rapid urbanisation, rise in informal forms of […]

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ITC loses TM dilution case against Philip Morris

/ By / Trademark

We have an anonymous commentator to thank for pointing out in a recent post a Delhi High Court decision where ITC lost its dilution case against Philip Morris over a stylized logo of the popular Marlboro trademark. (Image from here) Readers will recall a post in October last year, around Diwali, when we had posted on the early days of the dispute here. I had received at the time a bunch of replies to that post, including one reader, Anshuman

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Happy New Year from the SpicyIP team

/ By / Innovation

The SpicyIP team wishes all of you a very warm and pleasant year ahead. IP in India has seen an exciting year go past, and if December signs are anything to go by, there is plenty more coming ahead, be it in the form of legislative changes, or cases waiting to be decided by the courts, or administrative transformations that will make the Indian system at par with the best in the world. As in the past, we hope to

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SpicyIP Tidbit: IP matters lead the way in India’s first e-court

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Earlier this week, a small corner of the Delhi High Court became India’s first e-court, embracing technology in a way it is hoped will encourage the judiciary to spread the bug! What is of particular interest to the SpicyIP team and its readers is that the pilot e-court project was ushered in in the courtroom of Justice S Ravindra Bhat, a judge who has been at the forefront of several key IP decisions in the recent past. Cries for “speedier”

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SpicyIP Guest Post: Copyright, Arbitration and a Feted Film

/ By / Copyright

We have for you a guest post on the Tandav Films vs Four Frames case, decided by Justice Murlidhar of the Delhi High Court recently. The case, a complex mesh of copyright and arbitration law involving a film that has crept into my all-time favourites list – Khosla ka Ghosla, has been carefully dissected and analysed by our guest post-er, Anirudh Wadhwa. Anirudh is a lawyer with a London based law firm and is an editor of Justice Bachawat’s Law

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SpicyIP Tidbits: Satyam settles Upaid dispute for $70 mn

/ By / Patent

Hot off the press is news that the Satyam-Upaid dispute has been settled by Mahindra Satyam for a settlement amount of USD 70 million. (Read the Reuters story here). This may well be among the last posts on this dispute from our end, one that we have been tracking in this space since it first broke in Jan 2008, and which has since travelled across three continents in various forms. Upaid, a UK-based mobile payments service provider, had filed a

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Breaking News – Gilead files tenofovir appeal at IPAB

/ By / Patent

Close on the heels of falling prey to pre-grant oppositions in August-September 2009 for two of its key anti-retroviral drugs, Gilead Sciences, Inc., has filed an appeal with the Intellectual Property Appellate Board in India to challenge the two IPO decisions against tenofovir disoproxil fumarate (TDF). You will recall Shouvik had posted on the opposition proceedings not too long ago. By way of a quick run-through the key issues raised in the opposition, lead by the Alternative Law Forum, these

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Indo-US TKDL bilateral, and TK ‘possibilities’

/ By / Uncategorized

Some months after India’s access-sharing with the European Patent Office (EPO) on the Traditional Knowledge Digital Library (TKDL), the impact of which we had reported recently, the United States Patent and Trademark Office (USPTO) too now has been granted access to the database. (Image from here) USPTO and TK from India A brief look around the USPTO TK tools section shows this will not be the first Indian database that the examiners will have access to – if the links

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Breaking News — Delhi HC on jurisdiction and the Banyan Tree case

/ By / Trademark

A Division Bench of the Delhi High Court today made some key observations on jurisdictional issues in matters where the cause of action lies in that nebulous space called the World Wide Web. The judgement comes on a referral made by a Single Judge of the court last year in the Banyan Tree Case, which Kruttika had covered and analysed in a superb piece that you can read here. In summary, the court held that merely accessing a website in

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Coming soon: websites in Hindi, and the IPO too?

/ By / Trademark

Come Monday, 16 November, 2009, ICANN’s internationalised domain names (IDNs) will go live. Touted as the “biggest technical change to the Internet ever”, there is still some cloud over whether TM ownerswho have registered domain names in non-IDN, i.e., Latin/Roman characters, will be given the first right of refusal when it comes to registering in other scripts. (ICANN’s been in the news for other things as well – read Prashant’s post some days ago on domain tasting) Readers who’ve been

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