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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.

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A Belated Weekly Review (May 26th to June 1st, 2014)


We started the week with Spadika’s post on Teklo Corporation v. Survo Ghosh, a case of the Delhi High Court in which Justice Endlaw ruled that misuse of copyright is not a defence to infringement. The plaintiffs alleged that their copyrighted software was being infringed by the respondents. The respondents, instead of relying on the usual defences available under the copyright act, instead set up the claim that the plaintiffs had misused their copyright in the software by providing in…


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Patent

Bombay HC asks the Patent Office to Set the Record Straight


Teijin Limited v. Union of India The text of the judgment can be found here. The Bombay High Court has, in February, ordered the Patent Office to correct its record regarding the (non)payment of annuities and the corresponding lapse of the patent of the petitioners. The court observed that there was a “communication gap” between the petitioners and the Patent Office and it ordered the patent of the petitioners to be restored. Facts of the dispute: The facts of the…


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Others

SpicyIP Weekly Review (14th to 20th April, 2014)


We started this week with Swaraj providing us an update on the suggestions for the upcoming SpicyIP report on 2013’s leading IP developments. This was a request for input regarding our list of 2013′s biggest IP developments that we plan to write a report on. He writes that “we have loosely defined ‘biggest’ as those with most jurisprudential value or those that have made a substantial impact on the Indian IP eco-system.” Find the suggestions that have made the cut…


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Copyright Trademark

GoDaddy to be Sued as an Intermediary for Copyright and Trademark Infringement


LiveMint reports that GoDaddy, a global domain name registrar, is to be sued by the National Stock Exchange (NSE) and one of its group firms, DotEx International Ltd., for alleged copyright and trademark infringement. It appears that the suit is based on the allegation that Manshi Systems, a Hyderabad based technology firm that was providing access to the NSE’s databases and real time trading platforms called NOW by its own software. GoDaddy was the webhosting company that hosted Manshi Systems’…


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Innovation Patent

Delhi HC Orders the State to Foot the Bill for Rare Disease Treatment


In a remarkable moment for Indian jurisprudence, Manmohan J. of the Delhi High Court recently ordered the Govt. of NCT and the AIIMS (in Mohd. Ahmed v. Union of India) to provide a child suffering from Gaucher disease (a rare disease) Enzyme Replacement Treatment which costs about Rs. 6-7 lakh a month, free of cost. The court goes on to hold, in no mixed terms that the defence that the State’s funds were insufficient to meet such expenses would not…


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Patent

The MPI Patent Declaration and TRIPS Flexibilities


The Global South has long been clamouring for an interpretation of the TRIPS agreement which allows countries the flexibility to legislate for their specialised domestic needs. This has been met with strict resistance from the trade intensive, technology possessive North that favours an interpretation of the TRIPS with little or no flexibilities, and aggressively campaigns for the imposition of this interpretation on the rest of the world. In such a situation, much needed validation for the position that developing countries…


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Copyright

The Punjab Police to be Sued for Producing a Pirated CD in Court


The Economic Times reports that director Sanjay Leela Bhansali is contemplating legal action against the Punjab Police for producing a pirated CD as evidence in a proceeding to quash an FIR registered against him. The article reports that at the time of the production of the CD in court, the film producers had given no rights for the release of any CD or DVD. The Punjab Police claim that they had obtained the CD from the person who had filed…


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Others

SpicyIP Weekly Review – 31st March to 6th April


We started this week with Mathews reporting on the stay granted by the IPAB on the Chennai Patent Office’s order revoking Pfizer’s patent in the drug Detrol (read our original post here). The IPAB reasons that the balance of convenience is very much in favour of the petitioner for granting the relief of stay and that Ranbaxy had adequate time to appear and argue the matter and that there was no need to delay the matter any longer. Anubha then…


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Innovation

Spicyip Tidbit: Bureaucracy may Cost the OSDD a Year of Funding


The Times of India reports that the funding for the Open Source Drug Discovery (OSDD) project of the Council of Scientific and Industrial Research (CSIR) came to an end at the conclusion of the financial year that ended two days ago (we had blogged about the launch of the OSDD here and its progress here). This was shockingly due to the Ministry of Science and Technology sitting on a cabinet note that would approve their funding for well over six…


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Trademark

Delhi HC grants an injunction against Mindgym Kids Library for Infringement and Passing Off in a Trademark Dispute


MIND GYM Ltd. v. MINDGYM KIDS LIBRARY Pvt. Ltd. Text of the judgement available here. The Delhi High Court recently (Mar. 21, 2014) granted an injunction against MINDGYM Kids Library Pvt. Ltd. in an action of passing off and infringement of the registered trademark MIND GYM held by UK based company MINDGYM Ltd. Facts of the Case: This was a suit for the grant of an injunction against the defendants for passing off and infringement among others regarding the plaintiff’s…


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