Category Archives: Innovation

Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)

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Topical Highlight When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? In a guest post, Tanvi Sehgal weighs in on the impact of the COVID-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings. She explains how the pandemic shutting down movie theatres for such a long duration has forced producers to release their movies on OTT platforms such as Netflix, Amazon Prime and Hotstar. According to her, movies…


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Innovation Opportunities

NUALS’ 6th CIPR National Essay Writing Competition [Submit by Oct 4]

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We’re pleased to inform you that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi is organizing the an essay competition for law students on the theme ‘Innovate for a Green Future: Role of IP Rights in Encouraging Innovation and Creativity’. The deadline for submission of essays is October 4, 2020. For further details, please read the announcement below. 6th CIPR National Essay Writing Competition The Centre for Intellectual Property Rights, National University of Advanced Legal…


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Innovation Trademark

Store Layouts: The New Trademark on the Block

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With the development of innovative methods of brand-image building, there has been a proliferation of non-conventional trademarks. After colour, sound, scent marks and the like, proprietors are now seeking to trademark ‘layouts’ of stores and service outlets. These marks are different from architectural trademarks, the first of which in India were registered for the Taj Mahal Palace Hotel (discussed in detail here) and the BSE Building, both situated in Mumbai. While these protect the image of the buildings’ exteriors as…


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Comparative Advertising Copyright Design Geographical Indication Innovation Others Patent Trademark

SpicyIP Weekly Review (August 31- September 6)

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Topical Highlight T-Series’ Copyright Infringement Claim against Roposo: Intermediary Liability, Safe Harbour and Fair Dealing In this post, I analysed T-Series’ copyright infringement claim against Roposo. I first flagged two relevant features of the application- a music library and an option to ‘collaborate’. I explore whether Roposo can be considered an intermediary and argue that such holding is possible only for the ‘collaborate’ option, leading to personal liability for the music library. Subsequently, for the ‘collaborate’ option for which it…


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Copyright Drug Regulation Innovation Others Patent Trademark

SpicyIP Weekly Review (August 24 – 30)

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Topical Highlight Patanjali’s Coronil Trademark: The Dilemma of Dilution In this post, Adyasha discusses the Madras High Court’s recent order restraining Patanjali from using the word ‘Coronil’ on its immunity-booster tablets. She argues that the Single Judge’s interpretation of dilution under Section 29(4) of the Trade Marks Act 1999, is riddled with serious inconsistencies. Patanjali contended that Arudra’s trademarks did not meet the well-known mark threshold for Section 29(4) to apply. However, the Court held that ‘reputation in India’ was to be…


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Innovation Opportunities Patent

Online Symposium on WIPO-WTO-WHO Trilateral Study on Promoting Access to Medical Technologies and Innovation [September 2]

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We’re pleased to inform you that DPIIT IPR Chair, NLU Delhi and Rajiv Gandhi National Institute of Intellectual Property Management are jointly organising an online symposium on WIPO-WTO-WHO trilateral study on promoting access to medical technologies and innovation on September 2, 2020. For further details, please read the announcement below: Online Symposium on WIPO-WTO-WHO Trilateral Study on Promoting Access to Medical Technologies and Innovation 2nd September, 2020 The symposium aims to discuss the recent trilateral report from an integrated health,…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (August 3 – 9)

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Topical Highlight Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet In this post, Arun examines the Madras High Court’s recent order injuncting Patanjali from using the trademark ‘Coronil’ and appreciates its lucid interpretation of Section 29(4) of the Trade Marks Act. The plaintiff argued that defendant’s use of the mark would dilute its reputation due to the perceived inefficacy of the product and the accompanying negative press. The Court held that…


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Competition Law Innovation Others Trademark

Ritter Sport Wins Trademark for Square Chocolates: Bitter Consequences of Trademark Maximalism

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In a surprising ruling by the Federal Supreme Court of Germany (BGH) recently, well known German chocolate brand, Ritter Sport (“Ritter”) won exclusive rights to square packaging for its chocolates. The Court rejected the appeal by competitor Milka, a Swiss chocolate company that had been trying for almost a decade to challenge Ritter’s trademark protection for shape. Decision and Reasoning The Judges held that the square shape of the bar was not functional as it did not add any essential…


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Copyright Innovation Trade Secret

Trade Secrets Protection and Incentives to Innovate: Scrutinizing Section 91 of The Personal Data Protection Bill, 2019

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We are pleased to bring you a guest post by Sahaja Burde, on the ongoing regulatory efforts surrounding ‘non-personal data’. Sahaja is a 3rd year student at ILS College, Pune. In this post, Sahaja examines the provisions of the Personal Data Protection Bill, 2019 dealing with non-personal data and their interplay with copyright and trade secret law in India.   Trade Secrets Protection and Incentives to Innovate: Scrutinizing Section 91 of The Personal Data Protection Bill, 2019 Sahaja Burde Introduction…


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Innovation

Solutionism, Social Innovation and IP

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book cover of "to save everything click here"

Back in 1970, Justice Stephen Breyer, (now of the US Supreme Court, then a professor at Harvard Law School), in contemplating the proposals to extend copyright terms, wrote an interesting article where he pointed out that the Copyright regime seemed to be based more on fear, than on fact (paywalled link). His conclusion regarding the copyright system, ended up echoing what the economist Fritz Machlup had famously said even earlier, in 1958, about the patent system – that if we…


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