Category Archives: Geographical Indication

Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (July 27 – August 2)

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Topical Highlight What’s in a Stream? The Confounding Case of IPRS’s Live-Streaming Tariffs Divij wrote about the confusion created by Indian Performing Rights Society’s newly released tariff scheme for live streaming of online events and live/disc-jockey performances. He first discusses the problems with the scope of the notice which defines ‘live performance’ as music by performers in person, and disc jockeys as playing of a sound recording. He then explains the lack of clarity as to whether digital streaming of…


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Copyright Geographical Indication Innovation Others Patent Trademark

SpicyIP Weekly Review (July 13 – 19)

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Topical Highlight Bombay HC Clarifies Nature of Reliefs Applicable in Cybersquatting Disputes Divij wrote a post about a refreshing order and judgment delivered by the Bombay High Court recently in the case of Hindustan Unilever v. Endurance Domain and Ors. The Court held that the finding of cybersquatting and fraudulent behaviour was uncontroversial but HUL’s prayer to direct domain name registrars “to suspend and ensure the continued suspension of and block access to (…) Fraudulent Domain Name(s)” could not be granted. This conclusion…


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Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (June 15 – 21)

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Topical Highlights Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Divij wrote on the matter of Dainik Jagran suing Telegram for copyright infringement for the circulation of ‘e-papers’ through open Telegram Channels. He analyzes the order that granted an interim injunction in the case of Jagran Prakashan Limited v. Telegram that directed Telegram to provide information about the subscribers/ owners of certain Telegram Channels that were allegedly circulating…


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Copyright COVID-19 Design Geographical Indication Others Patent Trademark

COVID-19: How Best Can the Indian IP Office Help its Stakeholders? [Updated]

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In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution. This is because, deadlines in IP prosecution are often hard deadlines, and if extendable, involve a fee – sometimes these require the filing of signed/ notarised/ stamped documents. This concern is equally and anxiously shared by IP lawyers who assist IP owners around…


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Geographical Indication

A Private Entity Seeks GI Protection for Chinnor Rice: Does it have the Locus Standi?

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We’re pleased to bring to you a guest post by Pragati Agarwal questioning the locus standi of a private entity seeking GI protection for Chinnor rice. Pragati is a 5th year student at Symbiosis Law School, Noida. A Private Entity Seeks GI Protection for Chinnor Rice: Does it have the Locus Standi? Pragati Agrawal As an aspiring lawyer, I have a great deal of interest in Geographical Indications (GI) as an area of intellectual property. After going through the online…


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Geographical Indication

Should India Join the Geneva Act of the Lisbon Agreement, 2015?

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WIPO’s Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (“the Geneva Act”) was adopted on May 20, 2015. On February 26, the Geneva Act officially entered into force after the European Union acceded to the same. Currently, the Geneva Act is effective in 31 countries (Albania, Cambodia, North Korea, Samoa and 27 EU member countries). How is the Geneva Act different from the Lisbon Agreement? The enactment of the Geneva Act was a result of…


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Copyright Design Geographical Indication Traditional Knowledge

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?

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We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti on IP protection of kathputlis and other puppets. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here and here. Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You? Dr. Sunanda Bharti Introduction The art of making kathputli was given life by the Bhaat…


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Geographical Indication Trademark

An Indian Perspective on Singapore HC’s Decision in ‘Isetan Tartan’ Trade Mark Dispute

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This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan. A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth. While tartan patterns have existed for centuries in many cultures, there is recorded evidence that are regarded as “peculiarly Scottish”. Many Scotch Whisky…


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Geographical Indication

SpicyIP Fellowship 2019-20: DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges

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We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal on the Draft Guidelines on Geographical Indications Logo and Tagline released by DPIIT in June this year. Akanshha is a 3rd year student at National Law University, Delhi. This is her second submission for the Fellowship. Part I of her first submission can be viewed here.     DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges Akanshha Agrawal In India, Geographical…


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Geographical Indication

Banglar Rasogolla v. Odisha Rasagola: Deciphering the Real Win

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We’re pleased to bring to you an interesting guest post by Jupi Gogoi on the ongoing dispute between West Bengal and Orissa over the GI tag for rasgulla, which we’ve covered on the blog earlier here, here and here. Jupi is an Assistant Professor at the Faculty of Law, University of Delhi. She was formerly associated with the Indian Law Institute, Delhi. Jupi has guest blogged for us in the past as well (see here).     Banglar Rasogolla v….


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