Category Archives: Others

Others

Announcing the 7th SpicyIP Fellowship 2019-20!


Have an interest in IP law? Love legal research and writing? Look no further! Apply immediately to become a SpicyIP Fellow! Year after year, our fellowship series has attracted some of the brightest minds to the world of IP. We are now pleased to announce the 7th edition of the SpicyIP Fellowship for 2019-20.  SpicyIP Fellowship 2019-20 For those of you who are new to the blog, the SpicyIP Fellowship is a coveted position for those seeking to make a…


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Others

SpicyIP Fortnightly Review (June 3 – 16)


In a guest post, Arun Mohan shared his thoughts on the recent Ilayaraja judgment passed by the Madras High Court. He notes that the judgment consolidates producers’ rights over sound recordings that incorporate musical works that are created prior to and post the 2012 amendments. The judgment does, however, pay heed to the composers’ moral rights to paternity and integrity. Pankhuri wrote a post on the developments from the order passed by the Delhi HC in the patent working PIL…


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Others

SpicyIP Jobs: Litigation Associate at S. Majumdar & Co., New Delhi


We are happy to inform you that S. Majumdar & Co. is immediately looking for lawyers specialising in IP litigation for its New Delhi office. For further details, please see the job description below: Litigation Associate at S. Majumdar & Co., New Delhi Position Associate (Litigation) Responsibilities The candidate must be competent to draft all kinds of pleadings and appear in Courts, brief Senior Counsels and assist them during the hearings. Desired Joining Date July 1, 2019 Desired Qualification &…


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Others

SpicyIP Fortnightly Review (May 20-June 2)


Divij broke the news about a recent order delivered by the Delhi HC in Raj Rewal v. Union of India and Ors., wherein the Court ruled that an architect, in the capacity of a legal ‘author’ of a building, does not have the right to object to its modification or destruction by the owner of such building. The Court’s decision contradicts the one delivered in Amar Nath Sehgal v. Union of India, where the Delhi HC had taken an opposite stance on the…


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Others

SpicyIP Weekly Review (May 13-19)


I wrote a post on the Delhi HC’s recent order and circular that seek to prevent the practice of ‘defendant masking’. The order and circular prescribe stricter checks by the registry and an undertaking from the plaintiff suggesting that the defendant arraigned as Defendant Number 1 is the main contesting defendant. Other Developments Indian Judgments International Cycle Gears v. The Controller of Patents and Designs and Others – Calcutta High Court [May 10, 2019] The Appellant filed an appeal against the…


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Others

Delhi HC Comes Down Heavily on the Practice of ‘Defendant Masking’


In Bata India v Chawla Boot House, a case concerning trademarking infringement and passing off, the Delhi High Court came down heavily on the practice of ‘defendant masking’. Plaintiffs use this strategy to avoid detection of the matter in cause lists and thereby obtain injunctions in initial hearings without the presence of the main defendant’s counsel. The court took notice of this strategy in this case, and directed stricter measures from the Registry to control it in all IPR suits….


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Others

SpicyIp Weekly Review (May 6-12)


Divij broke the news about a recent order delivered by the Bombay HC in the Tips Industries v. Wynk Music matter, wherein the Court decided upon the applicability of the statutory licensing scheme under Section 31D of the Copyright Act to online streaming services. The Court, in its order, held that internet broadcasting is not covered under Section 31D. In his post, Divij also delves into the question of whether there is a need to introduce internet streaming services into Indian copyright law. I…


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Geographical Indication Others

Delhi HC Clarifies the Ambit of the Seeds Act in Relation to GIs


Can the Seeds Act govern GIs?-The Delhi HC, in an interesting order issued last month, dealt with this question in some detail. The factual matrix is simple here; The Ministry of Agriculture had, through an Office Memorandum (OM), set forth the characteristics of “Basmati” rice variety. They had further stated through another OM that in order to ensure the linkage between the variety and the GI, only such Basmati varieties which were  grown in Indo-Gangetic area would come under the…


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Others

SpicyIP Weekly Review (April 29-May 5)


Topical Highlight Prarthana wrote a post on the imposition of a staggering Rs. 5 crore in costs in Nippon Steel & Sumitomo Metal Corporation v Kishor D Jain. The case concerned the sale of low-quality pipes to a customer intending to use the same in oil plants. This constituted trademark infringement because the pipes were improperly branded with Nippon Steel’s labels. Justice Kathawalla thought it necessary to impose such extraordinary damages because of the use of low-grade material in an…


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Others

The Nature of Orders and Quorum Requirements at the IPAB (Part II)


In the previous part of this post, I had argued that there is no exception to the quorum requirements on the basis of the nature of the order. Therefore, even if the orders passed by the IPAB without quorum were administrative orders (which I argued were not), they would not be free from the quorum requirements. In this part of the post, I try to delve deeper into Section 84 of the Trade Marks Act and check whether the Chairman’s…


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