Category Archives: Others

Others

SpicyIP Weekly Review (October 19- 25)


Topical Highlight Delhi HC Delivers a Blow to “Delhivery”: Rules the Mark to be Phonetically Generic; Ineligible for Statutory Benefits In this post, Praharsh analyses the Delhi High Court order vacating an earlier interim injunction granted in favour of DELHIVERY. He first notes the arguments made by both parties towards distinctiveness of the mark. He highlights the spectrum of distinctiveness approach followed by courts to determine if a mark is registrable and thus assess whether it fall within the following…


Read More »
Copyright Others Patent

SpicyIP Weekly Review (September 28- October 4)


Topical Highlight National Digital Library of India’s (NDLI) Copyright Guide (Feedback) – Part I In this post, Anupriya reviews the copyright guide brought out by the National Digital Library of India (‘NDLI’) for Indian libraries for which comments were sought till September 30, 2020. At the outset she notes that the introduction to the guide should contain greater reference to user rights and the important role of libraries in furthering access. She then notes the unclear position of the Copyright…


Read More »
Others Patent

Sisvel v Haier: SEP Case Law from Germany


The SEP negotiation framework is a multi-faceted one since it involves Patent Law, Competition Law and Contract Law considerations. India does not have a SEP negotiation framework like the one laid down by the CJEU in Huawei v ZTE. [The Delhi High Court, in Ericsson v CCI, has made a reference to the CJEU judgment in Huawei v ZTE]. It is not that the CJEU judgment has removed all the ambiguities in the SEP negotiation framework. On the other hand,…


Read More »
Copyright Geographical Indication Others Trademark

SpicyIP Weekly Review (September 20 – 27)


Topical Highlight University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’ Praharsh discussed the IPAB’s order allowing an appeal against the Controller of Patents’ rejection of the University of Miami’s application over a pharmaceutical composition for treatment of cancer. The Controller had rejected the application stating, among other things that: a) the additional documents submitted by the appellant to explain the post research scenario were grossly substantive and result of further…


Read More »
Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)


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…


Read More »
Copyright Others

Lizzo’s Copyright Victory in Truth Hurts: Joint Authorship and Follow-on Works in the Music Industry in India


  Lizzo, like many other pop stars, has been embroiled in multiple copyright disputes. Recently, she won a case she filed against songwriters Justin Raisen, Jeremiah Raisen, and Justin “Yves” Rothman. They had claimed that the superhit song ‘Truth Hurts’ was derived from ‘Healthy’, which they wrote with Lizzo, making them co-owners of ‘Truth Hurts’ too. Judge Dolly M. Gee of United States District Court in Los Angeles ruled in favour of Lizzo, noting that, “as a matter of law,…


Read More »
Comparative Advertising Copyright Design Geographical Indication Innovation Others Patent Trademark

SpicyIP Weekly Review (August 31- September 6)


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…


Read More »
Copyright Drug Regulation Innovation Others Patent Trademark

SpicyIP Weekly Review (August 24 – 30)


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…


Read More »
Copyright Others Patent Trademark

SpicyIP Weekly Review (August 17 – 23)


Topical Highlight Lootcase, Copyright and Last Minute Injunctions: A Failed Attempt towards Overprotection Nikhil discussed the recent case of Vinay Vats v. Fox Star Studios India, wherein the Delhi HC rejected the plaintiff’s request for interim injunction a day before the release of the defendants’ movie ‘Lootcase’, which was alleged to be infringing the copyright in the plaintiff’s movie, ‘Tukkaa Fitt’. He agrees with the court’s reasoning, explaining that the two movies are only similar so far as they revolve around a stolen…


Read More »
Copyright Geographical Indication Others Patent Plant Variety Protection Trademark

A New IPAB Chairperson? Maybe, Maybe Not


We’re pleased to bring you a guest post by Praharsh Gour, highlighting the recent Call for Applications put out for the post of the IPAB Chairperson, along with AIPPI’s application for extending the incumbent Chairperson’s tenure yet again. Praharsh is a graduate from Hidayatullah National Law University, Raipur and is presently an LL.M. candidate at the Faculty of Legal Studies, South Asian University, New Delhi. He’s also co-authored two posts on the blog previously, which can be viewed here and…


Read More »