Category Archives: Overlaps in IP

Copyright Overlaps in IP

When Settled Canons of Law and Law of Precedents Go for a Toss: Issue of Interim Licence under Section 31D of Copyright Act, 1957 by Registrar of Copyrights – Part I

India is a Constitutional democracy. The principles of Constitutionalism pervade the Indian polity. Constitutionalism encompasses rule of law, independence of judiciary and separation of powers; the sacrosanct principles meant to ensure fairness and reasonableness in justice delivery system. Set in this background, the Judgments of the Punjab and Haryana High Court dated 21st October 2016 and 14 March 2017 directing the Copyright Registrar to exercise powers under Section 31D of Copyright Act, 1957 are blatantly erroneous. In this post, I…

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Copyright Geographical Indication Overlaps in IP

People Tree v. Dior: IP Infringement, Cultural Appropriation or Both?

Last week, Indian media was abuzz with the news of High Fashion brand, Christian Dior having allegedly plagiarised certain designs from a small, Indian art collective and store known as ‘People Tree’. According to reports – which carried allegations raised by the collective – Dior’s Cruise 2018 collection contained a dress that contained exact reproductions of the Block Printing designs created, and sold by ‘People Tree’ in India. This would have gone wholly unnoticed if not for the January Issue…

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Overlaps in IP Trademark

Here, There and Everywhere: Delhi High Court Rules That ‘Presence On Online Portals’ is Sufficient to Grant Jurisdiction

The Delhi High Court, in its judgement in Icon Health And Fitness, Inc vs Sheriff Usman And Anr., delivered on September 12, has held that the presence of the Defendant’s business on online portals such as Amazon or Google Play is sufficient to establish the court’s jurisdiction over the defendant, in a suit for passing off of a trademark. Case Background and Decision The plaintiff, a US-based company, filed a suit against the defendants, companies based in India and the…

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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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Copyright Designs Overlaps in IP

The Delhi High Court Misses Another Opportunity to Rule on the New Section 52(1)(w) in Context of Engineering Drawings

In a recently delivered judgment, the Delhi High Court was once again faced with a plaintiff seeking an interim injunction restraining a defendant from manufacturing a product on the grounds that it was infringing the plaintiff’s copyright in its engineering drawings. The plaintiff Holland L.P. and its Indian partner, claimed to have invented “automatic twist locks” (ATL), to help secure containers on railcars. The system is used by the Indian Railways which put out a tender for procurement of the…

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Copyright Overlaps in IP Trademark

Taj Mahal Palace Hotel First Building to Receive Trademark in India

On 19th June, Indian Hotels Company Limited (IHCL) obtained a trademark for the Taj Mahal Palace Hotel, giving it the unique advantage of being the first building to receive a trademark in India.  While news reports refer to this as an “image mark”, it is the first time (please correct me if I’m wrong) that this term has been used in India. Rajendra Misra, Senior Vice President-General Counsel of IHCL explained the rationale behind this move – “One look at…

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Copyright Innovation Overlaps in IP

Open/Secret – Assessing India’s Commitment to Open Data

Image from here   The ‘Digital India’ slogan has not been enough to pull the government out of its digital data doldrums. India’s rank in the Global Open Data Index, which ranks countries on openness across various sets of government data, dropped 15 places to No. 32 between 2015 and 2016. While some gains have been made in the implementation of the portal under the National Data Sharing and Accessibility Policy (“NDSAP”), these are fledgling in relation to the…

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Designs Overlaps in IP Trademark

Passing Off and Design Infringement: The Conflict

A few days ago, I had discussed a Bombay HC Order involving Cello and Modware. Justice Patel had provided relief to Cello on account of Cello successfully establishing, prima facie, both passing off and design infringement. Prashant, after reading the piece, put forth the following query: “If the design of the bottle is acting as an indicator of source, doesn’t it follow that it can be registered as a trademark which means it is incapable of being registered as design because it falls…

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Overlaps in IP Patent Plant Variety Protection

The Seed(y) Saga: Who Makes Law in India?

Well, if Prabhakar Rao’s response to my op-ed in the Hindu is anything to go by, it would appear that is the executive (govt) that makes law in India. Never mind that the constitution says otherwise; and vests this power with our Parliament! Mr Rao clearly has his own constitutional handbook, drawing from which he notes: “As clarified by the government in the IPR Policy 2016, only the PPVFR Act, 2001 governs IP rights for transgenic varieties.” Firstly, whatever be…

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Overlaps in IP Patent Trademark

Three Birds, One Stone: Inphase Power Technologies v. ABB India

In a fascinating case before the Karnataka High Court: Inphase Power Technologies v. ABB India (read the order here), Justice P.S. Dinesh Kumar passed an order confirming the misappropriation of confidential information, patent infringement, and hold your breath – trademark infringement as well! Not to be left out, there were arguments advanced of alleged copyright infringement too, which were ultimately not taken up by the Court. This case is significant due to the parties involved, as there is an ongoing…

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