Swaraj Paul Barooah

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Trademark

Guest Post: The Equitable Dimension: Full Bench on Registration Invalidity Pleas in Trade Mark Infringement Suits


A couple of years ago, the Bombay High Court, in Lupin Ltd vs Johnson & Johnson, referred to a Full Bench, the question of whether at the interim stage, courts are allowed to examine the validity of a trademark. Near the end of December, 2014, the Full Bench resolved this query and we’re happy to bring you a guest post by Aabhas Kshetarpal examining this decision. While reflecting on this decision, he also opines that it potentially suffers from certain legal…


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Trademark

Guest Post: The iPhone v iFon conflict


Our Fellowship applicant series heats up with a surge of entries closer to our deadline of January 16th! In this post, Kiran Mary George, a 2nd year student at Indian Law Society’s Law College, Pune, brings us this interesting post looking through some of the issues that have arisen in Chennai based iVoice enterprise’s challenge to Apple’s iPhone trademark. This is Kiran’s first entry to our SpicyIP Fellowship applicant series. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can…


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Patent Traditional Knowledge

Guest Post: Barriers to Recognition and Unheeded Warnings: The TKDL Saga


In continuation from his previous post titled “Questioning the Fallacy of a Closed-Access TKDL“, in this post, Balaji Subramanian puts forward some well thought out structural and legal critiques of the TKDL which he opines has rendered its usage sub-optimal. This 2 part series is Balaji’s first entry to our SpicyIP Fellowship applicant series. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] Barriers to Recognition and Unheeded Warnings: The TKDL Saga By: Balaji Subramanian…


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Patent Traditional Knowledge

Guest Post: Questioning the Fallacy of a Closed-Access TKDL


Balaji Subramanian, a 2nd year student at Nalsar University of Law, Hyderabad, brings us an excellent 2 post series on issues relating to the Traditional Knowledge Digital Library (TKDL). In this first post, he examines the closed nature of the TKDL and argues that keeping the TKDL closed will prevent it from reaching its full potential. In his second post, he goes on to examine other structural and legal critiques of the TKDL which may be preventing its optimal usage….


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Privacy Trademark

Guest Post: Cricket, Death and a Trademark!


As many of our readers would have recently noticed, the cricketing world and social media in general was abuzz with tributes after the recent unfortunate demise of Australian cricketer Philip Hughes. The phrase “63 not out” was used in many of these tributes, both on social media as well as on various memorabilia. In response to this, the Australian Cricket Board has recently decided to trademark the phrase “63 not out”. As his first entry to our SpicyIP Fellowship applicant series, Atharva Sontakke, a…


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Copyright

Guest Post: IPRS, Indian Railways, & Rabindrasangeet (!)


Prashant Reddy, our most prolific blogger till date, takes a step out of blogging retirement to bring us this timely guest post on a curious development at the Indian Railways. It appears that IPRS, the copyright collecting society (or perhaps more appropriately, “company”, as they’ve also claimed), is trying to collect hefty royalty amounts from Indian Railways for playing Tagore’s music and other classic Bollywood melodies – the problem being that much of this is already in the public domain! This isn’t…


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Innovation Others

New year wishes: Let’s all contribute towards beautifying the IP landscape


The SpicyIP team would like to wish all our readers a very happy and prosperous new year!! As we look back on the year that was, the blog has seen a very spicy year! From welcoming in a terrific new bunch to the team, to hearing words of praise for the blog from Amartya Sen, to finding SpicyIP being cited by major newspaper across the world and even (at least) one news channel! And of course – 2015 will be the year…


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Innovation Patent

Guest Post: Innovation in the time of SEPs & FRAND licensing


As his first entry to our SpicyIP Fellowship applicant series, Kartik Chawla brings us an interesting post looking at the smartphone patent wars from an innovation perspective. He says a disruption in the smartphone sector may help overcome some of the issues that are cropping up with all the SEP and non-SEP related licensing trouble. Kartik is a 3rd year student from Nalsar University of Law, Hyderabad and has written some guest posts for us earlier here. [Readers interested in finding out more…


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Patent

Guest Post: Seeking Clearance under Section 39 of the Patents Act? Think Again!


With his 2nd submission to our SpicyIP Fellowship applicant series, Aabhas Kshetarpal brings us a very interesting post looking at a recent decision of the Delhi High Court on the interpretation of section 39 of the Patents Act. He points out that the decision means that applicants filing a PCT application by way of a section 39 clearance may inadvertently delay their international filing date. He then goes on to suggest that the Court’s interpretation of the section may be incongruent with the…


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Copyright

Guest Post: Google Books in the Clear: The Appeal Process a Mere Formality?


We’re happy to bring you the 1st entry selected for our SpicyIP Fellowship applicant series! Aabhas Kshetarpal is a 4th year student at NLU, Jodhpur. In this post, he looks at the current status of the ongoing Google Books Library Project case and brings forth an interesting, even if possibly presumptive opinion that the bench seems to have already shown what direction they’d be taking with this case. Read on for more. [Readers interested in finding out more details about our SpicyIP…


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