Overlaps in IP

SpicyIP Tidbit: Advocate Faces Music for Concocting a Fake IPAB Order!

/ By / Overlaps in IP

In December, 2022 Gaurangi wrote about a rather interesting case (Ab Mauri India Private Limited vs Vicky Aggarwal & Ors.) wherein the Delhi High Court had initiated a criminal contempt proceeding against the defendants for producing a fake IPAB order and placed the matter before the Chief Justice for reference to the appropriate division bench. Bringing the matter to a seeming end, a division bench comprising of Justice Suresh Kumar Kait and Justice Shalinder Kaur has now directed the Bar …

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Protecting Confidential Information as Copyrightable Material with Confidential Reasons?

/ By / Copyright, Overlaps in IP, Trade Secret

Image from here The Delhi High Court recently passed an ex parte interim injunction in Markets and Markets Research Pvt. Ltd. v. Meticulous Market Research Pvt. Ltd. and Ors., finding a prima facie case of copyright infringement. However, alongside the questions of copyright, the present case also had elements of protecting confidential data. Therefore, in passing the interim injunction order on the basis of rights granted under the Copyright Act, 1957, the court not only restrained the defendant from violating …

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Monopolizing the Hipster? – Test of Design Infringement by the Delhi High Court

/ By / Design, Overlaps in IP

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the recent order by the Delhi High Court on the ‘Hipster bottle design’ controversy. Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court. He’s written several posts for us in the past and they can be found here. Monopolizing the Hipster? – Test of Design …

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Announcing the Winners of the 3rd Shamnad Basheer Essay Competition on IP Law!

/ By / Copyright, Innovation, Others, Overlaps in IP

We are very happy to announce the results of the 3rd Shamnad Basheer Essay Competition on IP Law! The annual essay competition was earlier announced on 14 May 2022,on the occasion of Shamnad‘s 46th birth anniversary. Like previous years, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. And encouraged participants to draw inspiration from Shamnad’s scholarship. We received several excellent submissions across a various …

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IP Reveries: Class 5.1 – Drugs, Secrets, and Innovation: Brooding Over The Basics

/ By / Drug Regulation, Overlaps in IP, Patent, Trade Secret

Prof Antilegend’s classes are back! After a few sessions on conceptual and theoretical ideas around IP, this set of sessions will now take the class on a different not-so-theoretical topic and deliberates upon IP issues that crop up around clinical trial test data, drug innovation, Indian drug regulatory regulation etc. If this is your first time coming across the IP Reveries series, you can see what its about as well as get links to our previous classes in the introductory …

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The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

/ By / Copyright, Others, Overlaps in IP

We’re pleased to bring our readers Part 2 of the series by Surabhi Pande and Devvrat Joshi looking at the proposed draft amendments to the IT Rules, 2021. The first part looked at two specific proposed provisions and argued that they would impact the ability of intermediaries to avail safe harbour provisions. This second part continues the analysis of the draft amendments, looking at some of the remaining provisions and takes issue with the lack of clarity. Readers may be …

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The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

/ By / Copyright, Others, Overlaps in IP

We’re pleased to bring our readers a 2 part guest post series by Surabhi Pande and Devvrat Joshi, on the recently proposed draft amendments to the IT Rules, 2021 (which were released on 6th June, 2022). The first part of this series focuses on two specific proposed amendments which they argue will severely impact the ability of intermediaries to avail of safe harbour provisions. Surabhi Pande and Devvrat Joshi are both Senior Associates in the Dispute Resolution Team at Saikrishna …

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Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks

/ By / Overlaps in IP, Trademark, Traditional Knowledge

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat.     Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks Tahhira Somal Nestled in Halsted, Chicago is a Michelin star restaurant that …

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SpicyIP Weekly Review (June 28 – July 4)

/ By / Copyright, COVID-19, Drug Regulation, Overlaps in IP, Patent, Privacy, Trademark

Topical Highlight Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes In this guest post, Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He examines the Court decision and notes that the plaintiff relied upon …

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Special 301 Report 2021: Copyrights, Enforcement, and the Same Old Complaints

/ By / Copyright, Overlaps in IP, Trademark

The Office of the United States Trade Representative (‘USTR’) recently released its Annual Special 301 Report on Intellectual Property Protection (‘Report’). To borrow Swaraj’s description of an earlier Report, the Special 301 Report “is a unilateral measure taken by the USTR which essentially ranks countries according to how much the US appreciates their IP regimes, and this is used as a kind of [political] ‘shaming’ mechanism to coerce countries into ‘strengthening’ their IP regimes to match the TRIPS-plus standards that …

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