Category Archives: Overlaps in IP

Copyright COVID-19 Overlaps in IP Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I


On 2nd October, 2020, India and South Africa issued a joint statement before the WTO TRIPS Council, with a request to waive “the implementation, application and enforcement of Sections 1, 4, 5, and 7 of Part II of the TRIPS Agreement in relation to prevention, containment or treatment of COVID-19.” This waiver, annexed with a draft decision for the WTO General Council, was requested to ensure that IPRs do not encumber the access to affordable medicines or R&D, manufacturing and…


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Copyright Overlaps in IP Privacy

Tattoos: The Tussle between Copyright and Publicity Rights


The world’s attention was first drawn to the copyrightability of tattoos when Victor Whitmill, the artist behind Mike Tyson’s face tattoo, sued Warner Bros for an imitative tattoo worn by an actor in Hangover II. Since then, I find that there has been a raging discussion regarding tattoo artists’ copyright over their tattoos, including issues like fixation, ownership and fair use. This post does not focus on these questions of copyrightability. Instead, it develops upon an important point raised by…


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Overlaps in IP Patent Trade Secret

Can Patents and Trade Secrets Co-exist? : Delhi High Court Answers in the Negative


We’re pleased to bring to you a post by Aditya Gupta on the Delhi High Court’s recent decision on the interplay between trade secrets and patents. Aditya is an attorney at Ira Law. He graduated from National Law University, Jodhpur and then pursued a master’s in law from Harvard Law School. Before co-founding Ira Law, he was part of another law firm for 7 years and then an associate at the chambers of Mr. Amit Sibal. Can Patents and Trade…


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Copyright Overlaps in IP

Piracy, Privacy and Procurement: What Internet and Software Associations Had to Say About India to the USTR


Following up on Prashant’s detailed coverage of certain commercial associations making representations to the US Trade Representative on its Special 301 Report, I looked into the representations made by prominent software and internet industry associations. Below, I summarise the India-specific recommendations of the following bodies – the Business Software Alliance (BSA), Internet Association and the International Intellectual Property Association (IIPA). India Continues to be a ‘Piracy Priority’ for the Special 301 Lobbies The business associations had little love for India…


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Overlaps in IP

WIPO Public Consultation on AI and Intellectual Property


The World Intellectual Property Organisation has called for public comments as part of its process to develop a policy on Artificial Intelligence and Intellectual Property Rights. The call is available here. The call is concurrent with the release of WIPO’s issues paper where it has outlined the following core issues concerning the relationships between AI and IP: (a) Patents (b) Copyright (c) Data (d) Designs (e) Technology Gap and Capacity Building and; (f) Accountability for IP Administrative Decisions. Submissions are…


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Overlaps in IP Privacy

Just (Let) Google (Do) It: Updates on the Right to Be Forgotten from the European Union


In two significant judgements made on September 24, 2019, the top court of the European Union, the CJEU, has deliberated upon the scope of the delisting and de-indexing requirements (otherwise known as the Right to Be Forgotten (‘RTBF’)) to be followed by search engine operators under the EU’s data protection laws, including the Data Protection Directive as well as the more recent General Data Protection Regulation. In Google v CNIL, the Court has held that EU law does not require…


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Competition Law Data Exclusivity Overlaps in IP Patent

Shogun Organics: Burden of Proof and Follow On Registrations


Shogun Organics Limited v. Gauri Hari and Others is a curious case concerning burden of proof and an apparent conflict between the Patents Act, 1970 and the Insecticides Act, 1968. Facts Shogun Organics Limited (plaintiff) filed a suit seeking a permanent injunction to restrain the defendants from infringing its process patent. The patent relates to the manufacturing of d-trans Allethrin (an active ingredient in mosquito repellants). Shogun had also obtained an ‘original’ registration for the manufacture of this product under the…


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Design Overlaps in IP Trademark

Delhi HC: Clearing the Confusion Around Design-Trademark Overlaps


A few days ago, I had written a post on the Delhi HC’s judgment in Greenlight Planet India Pvt. Ltd. vs Gee Lighting Technology dealing with a design-trademark overlap. The Court, in this order, had deliberated on the issue of whether a separate suit of passing off can be filed for a registered design after having filed a prior suit of design infringement. In their order, they limited their analysis to Order II, Rule 2 of the CPC (which does not allow…


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Design Overlaps in IP Trademark

Delhi HC Deals with Yet Another Design-Trademark Overlap!


IP overlaps take place when multiple overlapping IP rights vest in an owner for a single subject matter. These overlaps have given way to numerous debates regarding over-protection, policy implications, statutory interpretation  and many more issues. (To get a better understanding of the same, do refer to Prof. Basheer’s chapter in Overlapping Intellectual Property Rights.) Design-trademark overlaps, in particular, have had an interesting history in Indian litigation. A recent decision of the Delhi HC yet again brings these overlaps to the fore. In…


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Overlaps in IP

Foreign IP Law Firms Defying SC Ruling?


The issue of foreign law firms allegedly defying SC instructions in their practice in India was recently brought into attention by a complaint filed by Sumit Sinha, an advocate on record. The complaint was filed before the Bar Council of India, the Controller General of Patents, Designs and Trademarks and other authorities. It identified certain foreign law firms namely Zacco, Abu Ghazaleh, Mirandah Asia, United GIPS, Clydes and Anderson Global. Notably, all these firms have some sort of local presence in India…


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