Author name: Swaraj Paul Barooah

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Examining the Draft National IP Policy; Stakeholder meetings to be held

/ By / Copyright, Innovation, Others, Patent, Plant Variety Protection, Trademark, Traditional Knowledge

On 24th December, 2014, the 6 member IP think tank team, led by Justice Prabha Sridevan, released a 30 page draft National IPR Policy – (draft available here). It’s now announced that the Think Tank will be holding stakeholder meetings on February 5th, 2015, in its office in Delhi. Those interested in meeting the Think Tank can submit their comments on the first draft by January 30th, and email a request for meeting to [email protected] [See Press Relase]. It’s certainly applaudable […]

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SpicyIP Tidbit: GNLU-GUJCOST IPR Centre for Excellence Launched

/ By / Innovation, Others

Shreya Dave, a 5th year student at GNLU brings us some exciting IP news from Gujarat, with the announcement of the launch of a Gujarat State Innovation Portal as well as a Centre on IPR. The official press release is expected to come out in the next two days. This post will be updated when it does come out. Please see her update as below: GNLU-GUJCOST IPR Centre for Excellence Launched By Shreya Dave Following the establishment of the Gujarat State Innovation Council

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Guest Post: Online Piracy – The Way Forward?

/ By / Copyright, Others

Kartik Chawla brings us his 3rd entry to our SpicyIP Fellowship applicant series with this post looking into how copyright laws have by and large proven to be ill equipped to deal with issues of digital media content. He goes on to recommend that the law should be made more accommodating to the internet and related consumer behaviour. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] Online Piracy – The Way Forward? By: Kartik Chawla One

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Guest Post: GI for Yoga? (De)Merits and Consequences

/ By / Geographical Indication

In her first entry for our SpicyIP Fellowship applicant series, Arundathi Venkataraman, a 4th year student at NLU, Jodhpur, brings us this interesting post on whether a Geographical Indication can be granted to Yoga! In case, like me, you’re wondering why this question is arising at all – it’s because the there are several reports that the new “AYUSH” minister supposedly made a proposal to the UN for a GI for yoga! Seems yet another stretch too far, for yoga! As

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SpicyIP Event: The Grand Masters 2015 – In-House Counsel Legal Best Practices Summit

/ By / Event, Sponsored

We’re happy to announce the The Grand Masters 2015! Please note, it will be held in three different cities on three different dates in February. And please also note while registering – SpicyIP readers are entitled to a 30% discount! Details of the summit are below: Have you been facing challenges as an In-House Counsel? Have you been able to build and lead successfully an In-House Team? Have you been able to strike a balance with the External Counsel? Do you have

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Guest Post: The Fault in our Intermediary Liability Laws

/ By / Copyright, Others

As his second entry to our SpicyIP Fellowship applicant series, Kartik Chawla brings us this post where he looks back at the many website blocking orders that the last year has seen, pointing out the chilling effect that such actions are having. You can view Kartik’s previous post here: “Innovation in the time of SEPs & FRAND licensing“. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] The Fault in our Intermediary Liability Laws By:

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Guest Post: Military Hardware and Trademarks

/ By / Trademark

After his sharp 2-part post on the TKDL (see here and here), Balaji Subramanian brings us his next entry to our SpicyIP Fellowship applicant series. In this post, he brings up some interesting public policy concerns with the grant of trademarks to military hardware, to classes outside of their core areas of working. Read on for more! [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] Military Hardware and Trademarks By: Balaji Subramanian Over the last week,

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Guest Post: The Smell Mark Conundrum

/ By / Trademark

Non-traditional trademarks, the rarity that they are, are always interesting to study. Kiran Mary George brings us a post on possibly one of the rarer of these rare breeds – Smell marks. After examining the Indian law, the post goes on look at the EU and US position as well. This is Kiran’s 2nd entry to our SpicyIP Fellowship applicant series. You can view her previous post on the iPhone v. iFon conflict here. [Readers interested in finding out more details about our

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Guest Post: An uncertain road lies ahead for ‘Burger King India’

/ By / Trademark

Utkarsh Ravi, a 5th year student of RMLNLU, Lucknow, brings us his first entry to our SpicyIP Fellowship applicant series with this post looking into the on going Burger King trademark controversy in which it currently appears that the US fast food chain may just need to change its name if it wishes to continue operations in India! Read on for more. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] An uncertain road

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

/ By / Trademark

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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