Category Archives: Design

Copyright Design

Ritu Kumar v. Biba : Designs free at 50?


Ambiguity surrounding the “design” and “artistic works” relationship continues to plague the industry, especially the fashion industry. The fashion industry has long been touted as one of the most ‘creative’ industries. One of the reasons for innovation and creativity in this industry is the market itself. This paper title “piracy paradox” and Shamnad’s blog here, reveal that in practise this industry suffers/benefits from the “piracy paradox” i.e. “Copying enables designs and styles to move quickly from early adopters to the…


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Design Patent Trademark

Spicy Tidbits: Novelty with respect to the administration of IPRs: New Draft Patent Rules and a New Controller General of Patents, Designs and Trademarks


We bring to you two new tidbits about the IPR scene in India. A new set of draft rules amending the Patent Rules, 2003 have been released by the DIPP. The new draft rules are available here. It is interesting to note that there are changes in the patent working rules. Readers may remember the PIL filed on this very same issue by Prof. Basheer (see here). Mathews will bring out a detailed post on this issue. Additionally, the new…


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Copyright Design Geographical Indication Innovation Others Patent

Final IP Policy draft leaked!


[15/10/2015 Update: As reported by LiveMint — DIPP Secretary Amitabh Kant clarifies that this is not the final policy, only the final draft as submitted by the IP Think Tank. He says that the Government will make the final policy and it’ll be announced in 30-45 days. Presumably this means that internally comments are being made on the final think tank draft. It’ll be interesting to see what changes are made by the Government on this final draft by the…


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Design

Crayon Wars!


Justice Patel has for long, been known for his delightful and insightful judgments. Earlier this month, he delivered another gem in a dispute surrounding crayons between Faber-Castell (hereinafter ‘FC’) and Cello. FC contended that Cello had infringed on its design and copyright and was attempting to pass off its crayons as FC’s. FC argued that its crayons were distinctive in 2 main ways, First, FC’s crayons have a novel and unique shape. This includes the triangular shape of the 24…


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Design Patent

Spicyip Tidbit: IP Office provides (much needed) clarification in Designs Act


Till recently, the provisions of the Design Act were being interpreted by the IPO as being applicable and giving protection only to the object applied for in the application, i.e. the registration was limited to only the model depicted in the application, or a limited application.   Let me illustrate by an example, if a particular class and sub-class example were used for a product, then the registration was limited to only the class and sub-class.  This was a very…


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Design Patent

Recruitment of examiners of patents and designs – IPO


Some of our readers would be glad to note that our patent office is conducting a recruitment drive for examiners of patents and designs at our patents offices.   This is certainly music to the ears of not just the inventors, but also to industry and the patent office, as well as patent practitioners!  This will go a long way in reducing the backlog of pending applications. More details can be seen at: http://recruitmentnpc.in The process of application is entirely online…


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Design

Delhi High Court to Test the Vires of S.15(2) of the Copyright Act: Mukul Goyal v. UoI


Before the year ends, we thought it fit to bring you a hard hitting IP development that will have significant ramifications for the future of the copyright design interface. The highly controversial S.15(2) of the Indian Copyright Act has come under the juridical scanner of the Delhi High court in Mukul Goyal v. Union of India and Ors. (W.P. 8356 of 2014). Anand and Anand in a commendable effort is representing the petitioner who is raising a constitutional challenge under…


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Copyright Design Overlaps in IP

IP Overlaps: Did The Court Get it Wrong in Micolube?


I would argue yes! Well, at least on one count. Otherwise, it’s a very fine decision with well-articulated and sound legal propositions. But first a bit of background, drawn unabashedly from my chapter in “Overlapping IP rights”, a book jointly edited with Neil Wilkof. Background to Micolube Dispute “In M/S Micolube India Limited v Rakesh Kumar Trading As Saurabh, the plaintiffs, engaged in the business of manufacturing and selling petroleum products, sought an interim injunction against the defendants who sold…


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Design Geographical Indication Patent Trademark

SpicyIP Tidbit: Head hunting for the Intellectual Property Office begins


The appointment procedure for a new Controller General at the IPO is underway ! Last week, the Department of Personnel & Training (DoPT) issued a notice inviting applications for the post of Controller General of Patents, Designs & Trade Marks (CGPDTM). You may read the notice here. This also means that Chaitanya Prasad, the current CGPDTM will be leaving office soon. Chaitanya Prasad joined the IP Office in March 2012. He had succeeded the illustrious P.H. Kurien (who was credited…


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Copyright Design Geographical Indication Overlaps in IP Patent Trademark

Guest Post: Groundless threat of Infringement proceedings- A Comparison spanning a few India IP Legislations


Shashank Mangal is a fifth year student of ILS Law College, Pune. He is the Head Student Co-ordinator of the IPR Cell. Further, he is the author of quite a few IP papers and guest posts in SPICY IP. In this post, he discusses ‘groundless threat of infringement proceedings’ from the perspective of some of the IP statutes. Groundless threat of Infringement proceedings- A Comparison spanning a few India IP Legislations It’s always the patentees’, authors’, registered proprietors’ and all…


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