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SpicyIP Weekly Review (December 31-January 6)

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Hello, readers! The first week of the year has been quite exciting for the blog, with our year-end review of 2017 in Indian IP, Prof. Basheer kicking off SpicyIP’s Interview Series, and Prashant breaking some major developments at the IPAB, along with some other interesting reads and news. Pankhuri curated our Top 10 lists for 2017 as a year in review post. The post highlights crucial developments in four fields – a) Top 10 IP Cases/Judgments (Topicality/Impact) b) Top 10 IP Cases/Judgments…


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Trademark

‘BOOKMY’  Row – Delhi High Court Denies ‘bookmyshow’ an Interim Injunction Against ‘bookmysports’

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The Delhi High Court in Bigtree Entertainment v Brain Seed Sportainment, recently denied the Plaintiffs, proprietors and owners of the website bookmyshow.com, an interim injunction against the Defendant’s use of the domain bookmysports.com. Ms. Justice Gupta’s order is important to inquire into, largely due to the court’s analysis of the Plaintiff’s prima facie case. Background and Contentions The Plaintiff operates a popular online ticketing platform known as bookmyshow. It has also secured registration in BOOKMYSHOW word marks and logos under classes…


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Patent

Interim Arrangements : Frequent and Effective in SEP Litigation in India

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We are pleased to bring to you our first guest post for the year by Ms. Punkhuri Chawla. Punkhuri is a Research Analyst at the Jindal Initiative on Research in IP and Competition (JIRICO) at the O.P. Jindal Global University. Interim Arrangements – Frequent and Effective in SEP Litigation in India Punkhuri Chawla Philips filed one of the earliest SEP litigations in India in the year 2009, pertaining to its DVD technology.[1] It was one of the first cases, in which…


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Others Patent

SpicyIP Interview Series (1): Justice Prabha Sridevan on Life, Laughter and IP

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As promised in our new year post on the relativity of “newness” (and the impending death of the patent system), we bring to you our freshly minted SpicyIP Interview series. And who better to kick this off than the inimitable Justice Prabha Sridevan. She hardly needs an introduction, as her legacy is stamped indelibly on many a fine Indian IP decision (which she penned both as high court judge and later, as the Chairman of the Intellectual Property Appellate Tribunal[IPAB])….


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Patent

Obsessing on Newness: The Death of Patents?

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And it’s the dawn of another New Year. With “new” resolutions, resolves and all of that. But as a witty whatsapp forward notes, this one is rather special. For our millennium has just come of age! Its’ turned 18 (2018) —the age of majority in most countries. So hopefully we’ll see the show shaping of adulthood this year. But what of IP? IP is about “newness” after all. And, as a society, we’re obsessed with newness. Ti’s only fitting therefore…


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Justice Manmohan Singh Appointed as IPAB Chairperson under Potentially Illegal Tribunal Rules – Continues to Hold the Post of Chairperson of Appellate Tribunal for Forfeited Property

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After more than a year of speculation, retired Delhi High Court judge, Justice Manmohan Singh has been appointed as the Chairperson of the IPAB, presumably under the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017. These rules which have been notified under the Finance Act, 2017 are under constitutional challenge before the Supreme Court for impinging on the independence of the judiciary. Even more strangely, the notification mentions that Justice Manmohan Singh…


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SpicyIP Weekly Review (December 24 – 30)

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Prateek brought us this week’s thematic highlight, with the second part to his post on seizure of medicines in transit. In this part, he discusses two things in particular: (i) the EU law on seizure of drugs in-transit; and (ii) the international legal framework governing the same. Prateek explores the former by briefly analyzing the relevant case law, in light of two important EU Regulations. He, then, reflects upon the international framework as applicable to in-transit drugs, by discussing the…


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Competition Law Patent

Determination of FRAND royalty – TCL v. Ericsson LM

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In my first posts in 2017, I had discussed various FRAND / SEP issues that were raised in the Qualcomm matters in Korea, and the US.  I end the year with a similar post on FRAND issues.  Together these decisions bring clarity to what is FRAND and hopefully will help the Indian brands as well in their litigation against SEP owners.  This post arises from the determination of FRAND rates in TCL Mobile Limited, and TCT Mobile v. Telefonaktiebolaget LM Ericsson, Case…


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A Look Back at India’s Top IP Developments of 2017

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It is that time of the year again when we look back and take stock of all the significant IP developments that India witnessed during the year gone by. While it might be fair to say that this year was quieter for the Indian IP landscape as compared to the last year, there were still a number of important developments that took place. This year, we have divided these developments into four categories: a) Top 10 IP Cases/Judgments (Topicality/Impact) b) Top 10 IP…


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Copyright

PPL’s Festive Victories: Wins Favourable Orders from Both Madras & Bom HC

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Keeping with what appears to have become a sort of tradition around this time of year, (see here) PPL recently kicked up quite the storm(s) at the High Courts of Madras and Bombay. Right before the courts shut for the festive season, PPL managed to get favourable orders from both the courts – against certain restaurants, pubs, bars and other venues (hereinafter, defendants). The orders were a result of several suits instituted by PPL against the aforementioned defendants, apprehending the…


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