Category Archives: Others

Others

Delhi High Court Has Liberally Applied Time Incorporated to Award Punitive Damages Even After Justice Bhat Over-ruled It


Subsequent to one of my earlier posts on how the Delhi High Court had continued to apply the over-ruled judgment in Time Incorporated v. Lokesh Srivastava, I received a comment informing me that the Delhi bar was well aware of the judgment and that it was cited regularly at the Delhi High Court. So I did some research and published on Live-Law a list of 25 judgments where the Delhi High Court had continued to cite Time Incorporated v. Lokesh…


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Others

SpicyIP Weekly Review (August 7-13)


This week’s thematic highlight is a guest post by Mr. Adarsh Ramanujan, who is an advocate with Lakshmikumaran & Sridharan, New Delhi. Adarsh discusses the recent amendment to Implementing Regulations to the European Patent Convention (EPC). The amendment makes plants and animals that are exclusively obtained through an essentially biological process, non-patentable. He notes that although the amendment is significant for the EU, given that prior to the amendment such plants and animals were patentable, this has limited implication for India. He…


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Others Overlaps in IP Trademark

Update: Google Seeks US Court’s Intervention on Canadian SC’s Global Injunction


In July, I had written about the decision of the Canadian Supreme Court in Google v Equustek, to issue an interlocutory injunction against Google Inc. in Canada, and directing Google to enforce the decision in every jurisdiction in which it operates. I had argued that the decision would throw issues of Internet jurisdiction, which are largely based on judicial comity, into a tailspin. Further, I had argued that the decision creates a dangerous precedent of allowing courts or laws in one jurisdiction to…


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Others

SpicyIP Jobs: Associate at a Leading IP Law Firm in New Delhi


We are glad to inform our readers that a leading IP law firm in Delhi is looking to immediately hire a lawyer for the position of an Associate. Who Can Apply? Any fresh law graduate or one having 1-2 years of work experience may apply. Responsibilities The candidate will be involved in IP transactional, litigation and policy work. How to Apply? Interested candidates may send their application along with their CV and 2 writing samples to contact@spicyip.com. The applications must…


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Others

Call for Papers: Journal of Intellectual Property Law (JIPL), Institute of Law, Nirma University; Submit by Oct 31, 2017


We are pleased to announce that the Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat is inviting articles / research papers, case studies and book reviews on the contemporary topics related to intellectual property rights for publication in the 3rd issue (2017-18 volume) of the Journal of Intellectual Property Law. For further details, please read the post below: Call for Papers: Journal of Intellectual Property Law Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat hereby invites articles /…


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Others

SpicyIP Weekly Review (July 31- August 7)


Thematic Highlight: Prashant discussed a recent Delhi HC case involving engineering drawings and their reproduction in 3D form. The defendant got away from the plaintiff’s copyright infringement claim on account of S.15(2) allowing for exemption to design infringement in cases where production crossed 50 units. Prashant argues that the engineering drawings do not constitute “designs” in the first place and therefore, the court misinterpreted S.15(2). Then, he proceeds to further argue that one cannot prevent another from manufacturing the content of…


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Others

SpicyIP Tidbit: SC Calls Out “Disturbing Trend” of Settling IPR Issues Through Interim Orders


As per strict doctrine, interim orders are issued on the basis of a prima facie impression, to prevent “irreparable harm“, by virtue of a party’s actions, during the duration of the proceedings. But in effect, courts haven’t really been solving matters in accordance with settled doctrine, and have largely been sticking to settling matters, almost conclusively, through interim orders. You can find considerable coverage on SpicyIP on the same here. A Supreme Court Bench, comprising of J. Ranjan Gogoi and…


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Others

SpicyIP Weekly Review (July 16 – 30)


SpicyIP Weekly Review (July 16 – 22) Divij Joshi The first thematic highlight for this week was Harshvardhan’s exploration of the ‘goodness’ of trademarks, in his two–part post. Harshvardhan highlights the cultural role of trademarks and explores how the law treats trademarks not merely as an indicator of goods, but also of ‘goodness’, sometimes by seeking to restrict immoral or pejorative trademarks. Harshvardhan builds the argument that a trademark must be based on something more than distinctiveness, and it must satisfy a…


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Others Patent

Accessing Patent Office’s Order in India’s Second Compulsory Licensing Case Openly: EBC Helps Yet Again


Did any of you recently try searching online for a copy of the Patent Office’s order rejecting the second compulsory license application that was filed in India by BDR Pharma for BMS’s patented anti-cancer drug ‘Dasatinib’? Most of you who did, I’m sure, were met only with disappointment. This order (dated October 29, 2013) is, sadly and surprisingly, not available on the Patent Office’s website. In fact, it’s nowhere to be found on the internet except on LinkedIn Slideshare here….


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Others Patent

Lessons from TRIPS as India negotiates the Regional Comprehensive Economic Partnership


Last week, 16 Asia-Pacific countries concluded yet another round of negotiations on the Regional Comprehensive Economic Partnership (RCEP). Billed as one of the biggest regional free trade agreements, RCEP is expected to bring together the ten countries that form ASEAN along with Australia, China, India, Japan, South Korea and New Zealand. These countries account for nearly 50% of the global population and 30% of global GDP. As expected, there were several protests in Hyderabad by NGOs and civil society although…


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