Category Archives: Trademark

Copyright Overlaps in IP Trademark

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

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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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Copyright Patent Trademark

SpicyIP Weekly Review (May 3 – 9)

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Topical Highlights Natco Files Compulsory Licence Application for Covid Drug Baricitinib? Swaraj wrote about Natco’s application for a compulsory license to manufacture the drug Baricitinib. He reports that the application points to studies showing that Baricitinib in combination with Remdesivir is more effective for patients with Covid 19, as compared to Remdesivir alone, with possibly less side effects as well. The drug is currently not manufactured in India, and less than 9000 tablets were imported in 2019 and 2020, with…


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Trademark

Pay/‘Pe’ Charcha: Delhi High Court’s Decision in PhonePe v. BharatPe Trademark Dispute

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We’re pleased to bring to you a guest post by Abhinav Hansaraman, analysing the interim order recently issued by the Delhi High Court in a trademark infringement and passing off dispute between online payment apps PhonePe and Bharatpe. Abhinav is a 5th year student at the National Law University, Delhi. Pay/‘Pe’ Charcha – Delhi High Court’s Decision in PhonePe v. BharatPe Trademark Dispute Abhinav Hansaraman On 15th April, a single judge bench of the Delhi High Court decided an interim…


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COVID-19 Trademark

Bombay HC Rejects Injunction Plea in Passing Off Action against Serum Institute of India for the ‘Covishield’ Mark

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Recently, a Nanded-based pharmaceutical company, Cutis Biotech (‘Cutis’), had filed a passing off suit against Serum Institute of India (‘SII’) for the use of the mark ‘Covishield’. SII has been using the mark for the vaccines manufactured by it while Cutis has been using it for its products such as sanitisers and disinfectants. We had earlier informed our readers about the initial suit filed by Cutis in the Nanded District Court. The suit was subsequently filed in a Pune commercial…


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Copyright Patent Trademark

SpicyIP Weekly Review (April 26- May 2)

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Topical Highlight Supreme Court Weighs in on the Crisis: Vaccine Price Equity, Compulsory Licensing and Free Speech Online In this post, Adyasha analyses the recent proceedings in the suo motu case taken up by the Supreme Court regarding matters concerning the Covid-19 pandemic. She first discusses the concerns regarding the pricing of vaccines and notes that the court asked the right questions from the Central Government as to the differential pricing for the Centre and other entities, deviation from the…


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Copyright Drug Regulation Innovation Patent Privacy Trademark

SpicyIP Weekly Review (April 19 – 25)

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Topical Highlight Compulsory License for Covid Drugs on the Table, Says Delhi High Court In this post, Swaraj discusses the recent Delhi High Court order in the case of Rakesh Malhotra v. Govt of National Capital Territory of India and Others, in light of the worsening pandemic situation in India. The Court hauled up the government on various issues regarding the response to the pandemic so far, concerning oxygen use, ramping up of testing facilities, shortage of drugs and black…


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Patent Trademark

SpicyIP Weekly Review (April 12 – 18)

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Topical Highlight Indian Govt. Permits Manufacture of Covaxin by Haffkine Institute – But Why Not Others Too? Praharsh and Swaraj consider the recent Central Government approval of Haffkine Institute for manufacturing Covaxin, on a ‘technology transfer’ basis, for a period of one year to address the vaccine shortage in the country. They highlight that the wording of the current ‘approval’ seems to indicate that the Central Government has the rights to be able to give the permission. However, it leaves…


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Drug Regulation Trademark

The Monopoly Purple – Colours, Shapes and Sizes in the Pharmaceutical World

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Picture of Seretide Accuhaler (circular, in a pink and purple colour combination), next to its box

(This post was co-authored with Murali Neelakantan. Murali is currently Principal lawyer at Amicus. He is a dual qualified lawyer (India and UK) and among other positions, he was formerly a partner at an international law firm in London, Cipla’s first global general counsel, and Executive Director and Global General Counsel of Glenmark Pharmaceuticals. Murali has also been a long time friend of the blog.)  While the role of patents in extending monopolies over pharmaceutical products is now widely debated,…


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Copyright Innovation Patent Trademark

SpicyIP Weekly Review (April 5 – 11)

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Topical Highlights SCOTUS Decision in Google v. Oracle: Distorting ‘Fair Use’ but the Scathing (and Logical) Dissent is the One Saving Grace In Part I, Adarsh summarizes the recent SCOTUS ruling on Google’s copying of roughly 11,500 lines of code relating to 37 software packages forming part of Sun Java API, owned by Oracle. The court renders no finding on copyrightability and has restricted itself to the question of fair use by undertaking the four-factor analysis. On ‘Nature of the…


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Trademark

Position of Position Trademarks and Related Confusion

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We’re pleased to bring you a guest post by Dr. Sunanda Bharti, analysing the position of law on registration and infringement of position trademarks. Sunanda is an Associate Professor in Law at Delhi University and has written several guest posts for the blog in the past. Position of Position Trademarks and Related Confusion Dr. Sunanda Bharti Recently, Tefal was in the news for being denied registration for its famous ‘red dot’ mark in the UK, which was initially claimed to…


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