India’s Other Notable IP Developments of 2017

  1. The Rajasthan HC held that the police does need a warrant to take action against a person accused of copyright infringement, since it is a ‘non cognizable’ offence.
  2. The Delhi HC did not pass an interlocutory injunction in favour of the plaintiff, despite said plaintiff having a valid registration in the relevant class.
  3. 2650 entire websites were ordered by the Madras HC to be blocked, nation-wide, as an interim measure against the infringement of copyright of certain films.
  4. Kar HC concluded that ‘Adiga’ was a well-known trademark, and found that since the appellant had entered the market much after the respondent, the consumer is most likely to confuse the sweets made and marketed by the appellant as the goods of the respondent.
  5. SC stayed the Delhi HC’s judgment striking down Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA).
  6. Delhi HC declared Christian Louboutin’s ‘Red-sole’ to be a well-known trademark.
  7. The Delhi HC allowed Biocon and Mylan to market their biosimilar of Roche’s drug, Herceptin, for two additional indications: early breast cancer and metastatic gastric cancer. The SLP filed against this order was withdrawn.
  8. SC issued directions to the tackle the issue of high pendency in the Delhi HC, identifying the same as a “disturbing trend.
  9. Delhi HC granted an injunction in favour of the plaintiffs regarding the use of the name ‘Turning Point’ for their preparatory classes.
  10. Delhi HC denied Mattel Inc. (the famed toymaker behind the Barbie doll) an ex-parte injunction Order restricting the release of the movie “Tera Intezaar” with the song “Barbie Girl” and also rejected their request for in camera proceedings.
  11. Bom HC confirmed disparagement in Amul’s advertisements depicting HUL’s products as ‘frozen desserts’ and not ice-cream.
  12. Bom HC granted an interim injunction order restraining the use of ‘Rubik’s Cube’ as the title of a Marathi film, equating the same to passing off.
  13. The Madras and the Bombay High Courts granted favourable orders to PPL in several suits instituted by it against certain restaurants, pubs, bars and other venues, apprehending the illegal use of sound recordings owned by them.
  14. A PIL on access to legislations claimed that bare acts published by the private publishers infringe Govt’s copyright in legislations.
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