Comparative Advertising Others

Parachute Disparagement Case: A Trivial Error or Actual Malice?


I read with interest Latha’s post published yesterday on why the ‘Bearded Chokra’ would be liable for disparagement even under the ‘actual malice’ standard. Needless to say, I disagree because it is an incorrect understanding of the ‘actual malice’ standard that undermines the essence of the fundamental right to free speech under Article 19(1)(a) and goes against one of the core values that have sustained SpicyIP since its inception. I am yet to find an instance in our young history…


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Competition Law

Draft Competition (Amendment) Bill Proposes Extension of Protection to IPR Holders in Abuse of Dominance Cases


We’re pleased to bring to you an insightful guest post by Dr. Vikas Kathuria on the new section 4A proposed by the Draft Competition (Amendment) Bill, 2020, which would extend the IP related exception to abuse of dominance cases also. Dr. Kathuria is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition, Munich and was formerly a faculty member at School of Law, Benett University. He has many publications to his credit and he is a…


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Others

SpicyIP Fortnightly Review (February 18 – March 1)


(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Namratha, our new Student Fellow, discussed the notice issued by the Delhi HC on a petition challenging the Drug (Prices Control) Order, 2013 (‘DPCO’) and its amendment in 2019. She traces the origin of the DPCO to the Essential Commodities Act, 1955, and discusses grounds of the petition filed by the All India Drug Action Network (‘AIDAN’). First, she points out to the…


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Comparative Advertising Others

Parachute Disparagement Case: Free Speech, Yes; but Not at the Cost of Falsehoods


This is a rejoinder to Prashant’s recent post, replying to my post on the order of the Division Bench (DB) of the Bombay High Court in the Marico disparagement case. My post was primarily to point out the factual errors committed by the DB in arriving at its conclusions – not on Marico’s legal strategy, as Prashant has stated in his post. Now that Prashant has raised the important point of free speech, let me express my views on that…


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Copyright

News Aggregators’ New Concerns in the EU; Does It Matter in India?


Last year, the Directive on Copyright and Related Rights in the Digital Single Market was adopted in the EU (text available here). The IPKat blog carries a series of posts on it starting here, for those who are uninitiated on the subject. I only intend to discuss a limited point from this new Directive – its impact on “information society service providers” publishing “press publications” online. This impact arises from an entirely new class of right being granted for press…


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Comparative Advertising Others

Parachute Disparagement Case: In Defense of Free Speech and the ‘Bearded Chokra’


Over the last decade, after witnessing Shamnad getting sued for alleged defamation by a pharmaceutical company and Aparajita Lath getting a legal notice for alleged defamation from a leading media house (Shamnad’s brilliant response is over here), I have developed quite a fondness for the fundamental right to free speech and defendants in defamation cases filed by corporations. In this backdrop, I feel compelled to reply to Latha’s spirited defense of Marico’s legal strategy in its lawsuit against ‘Bearded Chokra’…


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Drug Regulation Patent

Delhi HC Issues Notice on Petition Challenging Price Control Exemptions for Newly Patented Drugs


The Delhi High Court recently issued notice on a petition by All India Drug Action Network (AIDAN) that challenged the Drug (Prices Control) Order 2013 and Drug (Prices Control) Amendment Order, 2019. The specific averments were concerning Paragraph 32, which is the list of exemptions, of DPCO 2013 and the amendment to it by the 2019 Order. Para. 32 of DPCO 2013 creates an exemption from price control for new drugs patented under the India Patents Act, 1970, thereby creating…


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Comparative Advertising Others

Bom HC Division Bench Stays Interim Injunction against Vlogger in Parachute Disparagement Case


Cartoon image of coconut with straw, with caption "This whole experience has left me feeling empty inside"

Last month, I had blogged about Marico v. Abhijeet Bhansali where a Single Judge of the Bombay High Court directed the defendant, Abhijeet Bhansali (‘Bhansali’) to take down (in the interim) an offending video because he prima facie made false and reckless statements about Marico’s coconut oil branded, “Parachute”. On February 14, a Division Bench (DB) of the Court lifted the injunction and permitted Bhansali (aka ‘Bearded Chokra’) to post the video subject to replacement of one line in the…


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Patent

Synthesising Arbitrability of Standard Essential Patents Disputes in India


We’re pleased to bring to you a guest post by Sushant Shekhar Singh on arbitrability of disputes related to standard essential patents in India. Sushant is a 4th year student at NUJS, Kolkata. Synthesising Arbitrability of Standard Essential Patents Disputes in India Sushant Shekhar Today, one of the crucial catalysts of technological growth is the interoperability and convergence of technology. Such digital transformation can be observed in patents corresponding to a technical specification determined by the Standard Setting Organisation (SSOs)….


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Others

What MoU? What Review of IP Acts?


graffiti saying "Secret Party, shhh"

Yesterday evening, Reuters sent out a short report titled “India clears accord on intellectual property rights with U.S.” It contained the following three lines: NEW DELHI (Reuters) – India’s cabinet on Wednesday approved a plan to sign an initial pact on intellectual property rights with the United States, a government minister said, days ahead of a visit by U.S. President Donald Trump. The United States has long urged India to strengthen protection for intellectual property and that has been a…


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