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Swaraj Paul Barooah

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Copyright Others

Guest Post: Online Piracy – The Way Forward?


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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Geographical Indication

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


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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Events Sponsored

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


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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Copyright Others

Guest Post: The Fault in our Intermediary Liability Laws


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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Trademark

Guest Post: Military Hardware and Trademarks


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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Trademark

Guest Post: The Smell Mark Conundrum


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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Trademark

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


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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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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