Author name: Sumathi Chandrasekharan

Right to begin: Madras HC on Bajaj-TVS case

Over at the Bajaj-TVS trial, which, yes, is still happening in the city formerly known as Madras, a Division Bench of the High Court has reversed the trial court decision, observing that asking Bajaj to lead evidence first to defend its infringement action against TVS. would be “prejudicial”. In a well-reasoned order discussing the “Right to Begin”, the order, which you can read here, offers a refresher course in principles of civil jurisprudence and evidence law, in context of the […]

Right to begin: Madras HC on Bajaj-TVS case Read More »

SpicyIP Events: Roundup and Calendar

This is by way of a quick reminder to let you know of the bunch of IP-related events you can be attending across India over the next few weeks, wherever you are — October 2010 If you’re in Chennai or Kolkata later this month, you may want to drop by the INTA seminar on trademark strategies, details of which you can read here. The Chennai seminar takes place on October 29, with a team of speakers guaranteed to stir up

SpicyIP Events: Roundup and Calendar Read More »

Roche-Natco @ Delhi HC- Natco continues arguments

Yes, like yourselves, we were missing the Roche-Natco matter too, which accounts for today’s post, where we update you on the latest on what’s been happening at the Delhi High Court in the case. For those of you who are wondering what this is all about, I’d urge you to read our previous posts on the issue here, here and here. By way of a quick recap, Swiss-based drugs multinational F Hoffman La Roche is fighting Natco Pharma, and specifically,

Roche-Natco @ Delhi HC- Natco continues arguments Read More »

IPO opens access to Indian TM database

In continuance of its efforts to bring transparency to its functioning and sevices, the Controller General of Patents, Designs and Trademarks (CG) has announced that the trademarks database will soon become openly accessible and freely available to the public for search and related services. In a notification dated 29 September 2010, the CG has stated that on the finalisation of the draft notification published in the Gazette earlier in the month (which we posted on here), the services relating to

IPO opens access to Indian TM database Read More »

Draft Amendments to Trade Mark Rules

A couple of critical draft amendments have been proposed to the Trade Mark Rules, 2002, including a 40 per cent increase in the official fees for filing a trademark application, and removing the provising to request for a trademark search from the Registry. (Image from here). The Intellectual Property Website (IPO) has now put up the Gazette of India notification on the Draft Amendments to the Trade Mark Rules 2002, as published on 7 September 2010, a copy of which

Draft Amendments to Trade Mark Rules Read More »

Of trademarks and photocopy evidence

One would not ordinarily expect a discussion on the evidentiary value of photocopied documents to reach the highest court of a country. As it turns out, this just happened in the world of trademarks, where the Supreme Court of India, in a sound judgement, returned a trademark infringement case to a lower court to accept the original versions of the photocopies as additional evidence and decide accordingly. (Image from here) [Warning — Long Post] The curtain-raiser Shalimar Chemical Works Ltd.

Of trademarks and photocopy evidence Read More »

SpicyIP Guest Tidbit: Free pdf conversion and lessons for the Copyright Board

We have today a quick but mighty amusing tidbit via Ashish Arun on the recent Copyright Board order on music royalties. Readers will recall we’ve posted on the decision in this space here and here already. This post has little to do with the content in substantive terms, but definitely warrants a wave in the direction of the Copyright Board – hope they’re listening! Ashish, who’s written for us before, is a law graduate from the National University of Juridical

SpicyIP Guest Tidbit: Free pdf conversion and lessons for the Copyright Board Read More »

SpicyIP Events: One Day Seminar on "PRECEDENTIAL PATENT CASES"

The Academy of Intellectual Property Studies, Mumbai announces a One Day Seminar on “PRECEDENTIAL PATENT CASES” on September 23. 2010, at their premises in Goregaon. The Seminar will be conducted by Feroz Ali Khader, the Chennai-based IP lawyer, and author of several books on patent law in India. It will likely be a fascinating seminar to attend. The added bonus to registration is that all participants will get access to the Patent Fast Reporter, a patent reporting journal edited by

SpicyIP Events: One Day Seminar on "PRECEDENTIAL PATENT CASES" Read More »

Guest Post: FAQs on India and the Madrid Protocol

Prashant’s excellent post some days ago covered in comprehensive fashion the build-up to the trademark amendment bill 2009, and the poor strategic calls that India may have made in pushing this bill through. Readers may also, in this context, recall a previous, equally insightful guest post on the challenges of the amendment bill, and implementation concerns that India ought to have looked at. There’s little point in speculating over lost opportunities, though. And so, instead we have what I like

Guest Post: FAQs on India and the Madrid Protocol Read More »

TM reclassification – IPO issues fresh notification

In response to what has presumably been a never-ending series of complaints from practitioners, the Controller General of the Intellectual Property Office has issued a notice to supercede all previous notifications on the reclassification of services in the TM Schedule front, which we have covered here before. Following a meeting with stakeholders on 21 August 2010, the CGPTDM issued this notice (downloadable file), which suggests that the Trademarks Registry has seriously been rethinking about its previous advice to TM registrants,

TM reclassification – IPO issues fresh notification Read More »

Scroll to Top