Category Archives: Trademark

Design Others Patent Trademark

SpicyIP Weekly Review (December 14 – 20)

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Topical Highlight India on TRIPS Waiver: Will WTO pass the test of humanity? Swaraj gave us an overview of India’s statement on the on-going TRIPS Waiver proposal, delivered at the WTO TRIPS General Council Meeting held from 16th-18th December, 2020. He explains that India strongly appealed to WTO’s responsibility to respond during this time of crisis and also pointed out that COVAX and ACT-accelerator were inadequate to meet global needs. India’s statement also indirectly calls out the hypocrisy in developed…


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Copyright Geographical Indication Innovation Others Patent Trade Secret Trademark

SpicyIP Weekly Review (December 7 – 13)

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Thematic Highlight Who Gets Paid for the Music You Listen to?: Revamping Music and Copyright in India (Part I) In Part I of this 2-part guest post, Akshat Agarwal analyses the ‘incentive/compensation’ structure actually in place for artists in India as well as its consequences. He lucidly explains that artists receive only a small proportion of revenue earned by music streaming services. He then highlights a deeper issue that enables a few oligopolistic players to capitalize on their monetary privilege…


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Copyright Opportunities Trademark

NLU-D’s DIGITAL (Digital Rights and Inclusive Technology for All) Fellowship 2021 [Apply by December 22]

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We’re pleased to inform you that The Centre for Communication Governance (CCG) at National Law University, Delhi is calling for applications for the DIGITAL (Digital Rights and Inclusive Technology for All) Fellowship 2021. For details of the Fellowship, please read the announcement below: Digital Fellowship 2021  The Centre for Communication Governance at National Law University, Delhi (CCG), is calling for applications for the DIGITAL (Digital Rights and Inclusive Technology for All) Fellowship, to be offered to successful candidates for a…


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Biological Diversity Copyright Design Others Patent Privacy Trademark

SpicyIP Weekly Review (November 30- December 6)

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Topical Highlight COVID-19 Vaccines: Patent Ownership and the Barriers to Equitable Access In this post, Adyasha conducts a thorough analysis of the vaccines developed by Moderna, Pfizer-BioNTech and AstraZeneca-Oxford, the complex ownership status of their intellectual property, the bilateral pre-purchase deals struck with higher-income countries and their implications on the Global South. She first notes the importance of public funding for the fruition of the three vaccines upon which patent protection is being claimed by their respective owners. She then…


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Copyright Trademark

What’s Happening with WhiteHatJr?: A Look at the IP Issues

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Recently, in interim applications decided on 23rd and 24th November, the same single bench of the Delhi High Court granted a limited ad-interim injunction in favour of Karan Bajaj (WhiteHatJr’s CEO) and Byju’s Whitehat Education Technology Private Limited (WhiteHatJr). The major issues in these cases were similar – defamation and trademark infringement. For the purposes of this post, only the IP issues will be looked at. In the first case, Karan Bajaj v. Pradeep Poonia, the former along with his…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (November 23- 29)

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Topical Highlight A Copyright Reform Agenda from a Group of Like-Minded IP Teachers In this guest post, Prof. (Dr.) N.S. Gopalakrishnan provides us an overview of the recommendations focussing on desirable public interest oriented amendments to the Copyright Act prepared by a group of ‘like minded IP teachers’. He particularly summarises four broad themes of amendments. The first set of proposed changes deal with Section 52. These include an open-ended fair dealing clause under Section 52(1)(a), expanding educational use exception…


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Copyright Trademark

Officer’s Choice v. Chetak Whisky: An Incorrect Choice of Jurisdiction?

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Recently, Allied Blenders and Distillers Pvt Ltd filed a copyright and trademark infringement suit before the Delhi High Court protecting their ‘Officer’s Choice’ mark from the defendant’s ‘Chetak Whisky’. The court granted an ad interim injunction in the plaintiff’s favour. An interesting question that came up before the court was regarding its territorial jurisdiction to grant this relief, discussion of which formed the majority of the order. In this piece, I shall analyse the court’s treatment of the jurisdiction issue….


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Copyright Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (November 16 – 22)

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Topical Highlight The Antitrust App Store Wars Come to India In this guest post, Dr Kathuria looks into the latest ‘digital gatekeeping’ controversy that Big Tech has found itself in in India, with the Competition Commission of India having ordered an investigation into Google’s conduct relating to Google Pay and the Play Store. He notes that the CCI has prima facie correctly identified the relevant market. He then notes that even if Google Pay were to be considered in compliance…


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COVID-19 Trademark

Trademark Trolls: Perspectives, Pitfalls and the Way Forward

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We’re pleased to bring to you a guest post by Manvee Kumar Saidha, analysing the effect of ‘first to use’ and ‘first to file’ regimes on trademark trolling, in light of the attention that the the recent Sony PS5 case has drawn towards the possibility of such trolling becoming a menace in India. Manvee is a 4th year law student at School of Law, Christ University, Bangalore. Trademark Trolls: Perspectives, Pitfalls and the Way Forward Manvee Kumar Saidha Trolls – a…


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Geographical Indication Trademark

SpicyIP Weekly Review (November 9 – 15)

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Topical Highlight Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I In the first of this two-part post, Nikhil discussed the consultation process initiated by the Copyright Office to amend the Copyright Act which happens to involve only industry stakeholders. He explains that these opaque, closed-door consultations are antithetical to the interests of open access, creativity, culture, and freedom of expression and might be paving the way towards the privatisation of…


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