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Interim Injunctions: What’s The Damage? – Part II

/ By / Patent

[This post was co-authored with Praharsh Gour. This is part II of our two-part post on interim injunctions. You can view Part I here.] In our previous post, we summarized some of the many issues with interim injunctions in high-tech patent matters. We also pointed to an earlier suggestion of doing away with the interim phase altogether. We highlighted that aside from the possible pro-patentee bias in the grant, there is also the issue of public interest perhaps not being […]

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Store Layouts: The New Trademark on the Block

/ By / Innovation, Trademark

With the development of innovative methods of brand-image building, there has been a proliferation of non-conventional trademarks. After colour, sound, scent marks and the like, proprietors are now seeking to trademark ‘layouts’ of stores and service outlets. These marks are different from architectural trademarks, the first of which in India were registered for the Taj Mahal Palace Hotel (discussed in detail here) and the BSE Building, both situated in Mumbai. While these protect the image of the buildings’ exteriors as

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SpicyIP Weekly Review (August 31- September 6)

/ By / Comparative Advertising, Copyright, Design, Geographical Indication, Innovation, Others, Patent, Trademark

Topical Highlight T-Series’ Copyright Infringement Claim against Roposo: Intermediary Liability, Safe Harbour and Fair Dealing In this post, I analysed T-Series’ copyright infringement claim against Roposo. I first flagged two relevant features of the application- a music library and an option to ‘collaborate’. I explore whether Roposo can be considered an intermediary and argue that such holding is possible only for the ‘collaborate’ option, leading to personal liability for the music library. Subsequently, for the ‘collaborate’ option for which it

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Should Illegal Works Receive Copyright Protection?

/ By / Copyright

We’re pleased to bring to you a guest post by Aniruddha Majumdar, analysing whether illegal works should receive copyright protection in India – a question raised by Justice Gautam Patel in his wonderfully thought provoking post on the blog a few years ago, and also engaged with in an insightful response post by Prof. Joshua D. Sarnoff. Aniruddha is an Associate at Talwar, Thakore & Associates in Mumbai. He graduated from NLS, Bangalore in 2019 and was Chief Editor of

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Fluid Trademarks: A Prologue to Trademark Law Going Awry?

/ By / COVID-19, Trademark

We’re pleased to bring to you a guest post by Anshuman Sahoo, arguing that legal recognition of fluid trademarks (which are popularly being used in the context of the ongoing Covid-19 pandemic) is a step in the wrong direction considering the economic rationale behind trademark law. Anshuman is a second-year LL.M. student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. This post is a follow on to a guest post published on the blog last month, which discussed the application

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Oprah meme, with text "You get an interim, you get an interim, everyone gets an interim!"

Interim Injunctions: What’s the Damage? – A Summary

/ By / Patent

[This post has been co-authored with Praharsh Gour. His previous posts can be found here.] India’s tryst with interim injunctions in high tech patent disputes is a long, problematic one, as covered several times in this blog.  Despite all the issues pointed out, and despite courts stating that it should be used judiciously, it probably surprises few observers to see it being used too frequently. Over the course of this two part post, we will first try to provide an

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CII & TAMU Executive Education Program on Health, Pharmaceuticals and IPR [Over 4 Weekends in Sept]

/ By / Opportunities, Patent, Sponsored

We’re pleased to announce that the Confederation of Indian Industry (CII) in partnership with Texas A&M University School of Law (TAMU), will be conducting an online certificate course on health, pharma and IP spread over four weekends in September 2020, starting 5th-6th September. The course is priced at INR 15,000 + GST. We’re happy to note that SpicyIP readers are eligible for a discounted price of INR 10,000 + GST. Readers can contact Mr. Jyoti Kumar (details mentioned below) and

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T-Series’ Copyright Infringement Claim against Roposo: Intermediary Liability, Safe Harbour and Fair Dealing

/ By / Copyright

After the recent ban on TikTok by the government, several alternative short-video sharing services have seen a rise in their following. One such application is Roposo, a video creation and sharing app, available in 12 Indian languages. Riding on the ‘Made in India’ advantage, it saw a surge of 22 million in its user base in merely two days after the TikTok ban. MyGovIndia has also joined the platform to connect with Indian audiences and Indian achievers such as Babita

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NLUJ’s Centre for IP Studies Essay Competition [Submit by September 27]

/ By / Copyright, Opportunities

We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is organising an essay writing competition for law students from Indian universities on the theme ‘Copyright Societies and Performers’ Rights Societies in India’. The deadline for registration is September 20, 2020 and that for submission of essays is September 27, 2020. For further details, please read the announcement below: NLUJ’s Centre for IP Studies Essay Competition Call for Essays | Submit by September 27, 2020

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SpicyIP Weekly Review (August 24 – 30)

/ By / Copyright, Drug Regulation, Innovation, Others, Patent, Trademark

Topical Highlight Patanjali’s Coronil Trademark: The Dilemma of Dilution In this post, Adyasha discusses the Madras High Court’s recent order restraining Patanjali from using the word ‘Coronil’ on its immunity-booster tablets. She argues that the Single Judge’s interpretation of dilution under Section 29(4) of the Trade Marks Act 1999, is riddled with serious inconsistencies. Patanjali contended that Arudra’s trademarks did not meet the well-known mark threshold for Section 29(4) to apply. However, the Court held that ‘reputation in India’ was to be

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