Category Archives: Overlaps in IP

Overlaps in IP Patent Plant Variety Protection

Can Monsanto’s Invention be Protected As a Plant Variety and Can It Seek Benefit-Sharing From Nuziveedu?

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One of the central planks of Nuziveedu’s defense in its ongoing litigation against Monsanto, that we’ve blogged about over here and here, is its claim that Monsanto’s invention is nothing but a “transgenic plant” with increased insect resistance and that the same could be protected as a “plant variety” under the Plant Variety Protection & Farmers Rights Act, 2001 (PVPFRA). As discussed earlier, this characterization of Monsanto’s claim may not be accurate but it seems to have been accepted by…


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Others Overlaps in IP

World IP Day, 2018: Celebrating Women in IP

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Every year, the 26th of April is celebrated as the World IP Day, to promote the role of IP in encouraging innovation and creativity. Pursuant to this goal, WIPO marks the occasion each year, with a ‘novel’ theme. This year, the World IP day campaign “celebrates the brilliance, ingenuity, curiosity and courage of the women who are driving change in our world and shaping our common future.”   Keeping very much with this theme, we are pleased to commemorate this year’s…


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Overlaps in IP Patent Plant Variety Protection

Delhi High Court’s Judgment in Monsanto v. Nuziveedu Delivers a Deadly Blow to the Agro-biotech Industry

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A Division Bench of the Delhi High Court recently pronounced its judgment in the long running litigation between Monsanto and Nuziveedu. The present judgment was delivered in cross appeals filed by both parties against the order of a single judge of the Delhi High Court that was delivered last year. To describe the judgment briefly, the court has delivered a knock-out punch to Monsanto, by declaring invalid its patent for Bt. Technology because Section 3(j) of the Patents Act prohibited…


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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

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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?

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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

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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

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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

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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

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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

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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 data.gov.in portal under the National Data Sharing and Accessibility Policy (“NDSAP”), these are fledgling in relation to the…


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