Author name: Thomas J. Vallianeth

Thomas is a final year law student at the National Law University, Jodhpur pursuing a B.Sc. LL.B. (IP Hons.) course. His first exposure to IP law was at a workshop that he attended in High School and ever since then, he has pursued a keen interest in the field. However, his real interests lie in the interfaces between Technology Law and IP, with an active interest in the Open Source movement.

The 3rd International Conference on MIPS: Papers Invited

/ By / Others, Publication

Theme: IP for Development: The emerging Paradigm Where: National Institute of Industrial Engineering (NITIE), Mumbai, INDIA. When: July 15-16, 2016.   The 3rd International Conference on Management of Intellectual Property and Strategy is being organised jointly by the Shailesh J. Mehta School of Management, IIT Bombay, India and the National Institute of Industrial Engineering, Mumbai, India. This conference has the overarching theme of IP for Development: The emerging paradigm that reflects the cross roads of IP management, research and strategy …

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Guest Post: Inherent Conflict of the Draft TM Rules with Parent Act

/ By / Trademark

We are happy to bring you a guest post from Jasneet Kaur. Jasneet is an independent legal practitioner with extensive experience in trade mark law, having worked with the IPR divisions of two leading law firms in Delhi. In this post she points out some conflicts in the newly issued Draft Rules (that we had blogged about here) and suggests some ways to resolve these conflicts. Inherent Conflict of the Draft TM Rules with Parent Act Jasneet Kaur This post …

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Let the judges judge!

/ By / Patent

As we had reported a while back, the recent Roche v. Cipla judgement from the Delhi High Court seems to have been plagiarised in part from an academic article. The Division Bench that authored this judgement was bold enough to own up to this error and in a suo moto order apologised to the authors and modified their judgement to remove this plagiarised content. Prof. Shamnad, while reporting on this order lauded the Bench for their courage. Justice Ruma Pal, …

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INTA to launch a new searchable guide on GIs, Collective and Certification Marks

/ By / Geographical Indication, Trademark

Come December 2015 and INTA members will have access to a searchable guide to Geographical Indications, Collective and Certification Marks. Titled “Geographical Indications, Certification Marks, and Collective Marks: An International Guide” it was designed to offer members assistance in the above mentioned fields, particularly considering the inconsistencies and lack of uniformity in the law across jurisdictions with regards to GIs. One of the Principal Editors of the guide was Ms. Latha R. Nair (partner at K&S Partners) who in this …

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ED attaches IPRS assets: What next for royalty administration?

/ By / Copyright

A couple of days ago, the Enforcement Directorate (ED) – the law enforcement agency in India that deals with economic offences, attached the assets of the Indian Performing Rights Society (IPRS) on allegations of money laundering. This action comes on the basis of allegations that the money that was collected as royalties for musicians and artists was not being distributed to them and that there was misappropriation of this money. Generally, an attachment of assets implies that the ED has at …

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The damages and privity problem in SEP infringement suits: Will legislation solve the case? – Part II of II

/ By / Patent

Ericsson granted an injunction in its infringement suit against iBall Read the order here This two part series discusses the injunction order passed against iBall by the Delhi High Court. Part I of this series had dealt with an analysis of the prima facie case and had concluded with some observations that demonstrate that SEP patent portfolio owners may actually be better compensated by damages rather than an injunction. Part II below continues with an analysis on the balance of …

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The damages and privity problem in SEP infringement suits: Will legislation solve the case? – Part I of II

/ By / Patent

Ericsson granted an injunction in its infringement suit against iBall Read the order here The smartphone wars have claimed another victim. This time it’s iBall in the Delhi High Court as they were injuncted from importing devices that contained the patents in issue before the court mainly concerning 2G, 3G and EDGE Technologies. As most readers would be aware, Ericsson went on a litigation spree suing a host of Indian communication device manufacturers and importers like Micromax, Intex and like …

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An Update on the challenge against the Copyright Board

/ By / Copyright

In the ongoing drive to make tribunals more efficient in this country, even the Copyright Board has not been spared. Like we had posted earlier, the South Indian Music Companies Association (SIMCA) had filed a writ before the High Court of Madras, challenging the vires of sections 11 and 12 of the Copyright Act, 1957 and Rule 3 of the Copyright Rules, 1958. Simplistically speaking, the quarrel was with regards to the qualifications of the members that were being appointed …

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Guest Post: What constitutes a valid proof of right for filing patent applications in India?

/ By / Patent

We are happy to present to you a guest post by Sejal Agarwal and Paazal Arora, students of the ILS Law College, Pune. They take notice of the increasingly common practice in patent filing of not including a Proof of Right; and examine the common defence of most institutional applicants, that pre-existing Employment Contracts sufficiently provide this Proof of Right. They argue that this defence should not hold up because submission of Form 1/Assignment Deed is compulsory to safeguard the …

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Guest Post: Shedding Light on IPRS v. Sanjay Dalia

/ By / Copyright, Trademark

We are happy to present to you a guest post by Mr. Arun C. Mohan, Partner at Mohan Associates, analysing the recent decision of the Hon’ble Supreme Court in IPRS v. Sanjay Dalia. The decision clarifies certain salient aspects of the jurisdiction to file infringement suits under Ss. 62 and 134 of the Copyright and the Trademarks Act respectively. We had reported on the decision in a two part series here and here. Shedding Light on IPRS v. Sanjay Dalia …

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