Category Archives: Copyright

Copyright COVID-19 Patent Sponsored Trademark

SpicyIP Weekly Review (June 14- 21)

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Topical Highlight Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada? In this post, Adyasha analyses the recent Delhi High Court order temporarily restraining the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). She first summarises the contentions of the two parties and the court’s reasoning. She highlights that the court failed to look at the…


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Copyright Trademark

SpicyIP Weekly Review (June 7 – 13)

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Topical Highlight Kerala and Karnataka Tussle Over the ‘KSRTC’ Mark: Registrability, Concurrent Use, and Infringement Nikhil discussed the recently revived controversy between the states of Karnataka and Kerala regarding the rights over the trademark ‘KSRTC’. He recounts the background of the usage of the mark for the states’ respective State Road Transport Corporations which led to a tussle when Karnataka applied for a registration for the mark and served a notice to Kerala in 2014 stating that they should not…


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Copyright

PPL’s Copyright Society Registration Rejected: Delhi High Court Issues Notice, Grants Ad-Interim Stay

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The Registrar of Copyrights has rejected the application of Phonographic Performance Limited India, (“PPL India”) a major collective rights organisation for sound recordings in India, to be a registered copyright society. Adding to the list of dramatic stand-offs between the Government of India and collective rights organisations like IPRS and PPL, the PPL has now approached the Delhi High Court to direct the Government to reconsider the registration application. Readers may be familiar with the strange saga of copyright societies…


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Copyright COVID-19 Others Patent Trademark

SpicyIP Weekly Review (May 31 – June 6)

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Topical Highlight Phone Pe v. Bharat Pe: Whether Vernacular Wordplay Can Save from Being Labelled Generic? In this guest post, Devangini responds to an earlier guest post on the Delhi High Court’s recent interim injunction order in Phone Pe v. Bharat Pe trademark dispute. She first summarises the history of the case, the arguments, and the court’s holding. She critiques the court’s reliance on the Delhi High Court case of Marico v. Agrotech to deny the plaintiff’s claim on two…


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Copyright COVID-19 Design Opportunities Patent Trade Secret

Webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ [June 5]

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We’re pleased to inform you that the People’s Health Movement (PHM) and the Third World Network (TWN) are organising a webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ on June 5, 2021. For further details, please see the announcement below. TRIPS Waiver: Update and Analysis of Recent Developments In the last one month we have seen some crucial developments with regard to TRIPS Waiver discussions at the World Trade Organisation (WTO). In early May, the United States government…


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Copyright

Phone Pe v. Bharat Pe: Whether Vernacular Wordplay Can Save from Being Labelled Generic?

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We’re pleased to bring to you a guest post by Devangini Rai, responding to an earlier guest post on the Delhi High Court’s recent interim injunction order in Phone Pe v. Bharat Pe trademark dispute. Devangini is a 5th Year, B.A. LL.B. student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She has previously also written two guest posts for the blog titled ‘Fluid Trademarks: An Alter Ego for Brands?‘ and ‘Delhi HC…


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Copyright COVID-19 Trademark

SpicyIP Weekly Review (May 24 – 30)

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NUALS’ 7th CIPR National Essay Writing Competition [Submit by July 4] We informed the readers about an essay competition being organized by the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi for law students on the theme ‘IP & SMEs: Taking Ideas to Market’. The submission deadline for the competition is July 4, 2021. For further details including submission guidelines and eligibility, please refer to the post.   Book Launch Webinar: ‘The Protection of Intellectual Property…


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Copyright COVID-19 Patent Trademark

SpicyIP Weekly Review (May 17 – 23)

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Topical Highlight Special 301 Report 2021: Trade Secrets, Patents and Technology Transfer Nikhil and I continued the discussion on three key aspects in the USTR Special 301 Report 2021: India-specific trade secrets and patents issues, and the general stance on technology transfers. We highlighted that the Report has tightened its stance on India’s trade secret regime, asking for stronger enforcement. Curiously, this contradicts its liberal approach towards compulsory licenses and the TRIPS waiver because a lot of key information on…


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Copyright COVID-19 Drug Regulation Innovation Patent Privacy Trademark

SpicyIP Weekly Review (May 10 – 16)

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Topical Highlight Earning Royalties off Covaxin While Demanding IP Waiver at the WTO: Saviour on the Streets, Hypocrite in the Sheets In this post, I focus on the differential pricing of vaccines for Central and State Governments. I analyse the affidavit filed by the Central Government in the case titled, ‘In Re: Distribution of Essential Supplies and Services During Pandemic’. I highlight that currently, Serum Institute of India and Bharat Biotech are selling doses of Covishield and Covaxin to private…


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Copyright Overlaps in IP Trademark

Special 301 Report 2021: Copyrights, Enforcement, and the Same Old Complaints

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The Office of the United States Trade Representative (‘USTR’) recently released its Annual Special 301 Report on Intellectual Property Protection (‘Report’). To borrow Swaraj’s description of an earlier Report, the Special 301 Report “is a unilateral measure taken by the USTR which essentially ranks countries according to how much the US appreciates their IP regimes, and this is used as a kind of [political] ‘shaming’ mechanism to coerce countries into ‘strengthening’ their IP regimes to match the TRIPS-plus standards that…


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