Breaking News: Controller General’s Office Agrees with Our Petition for Scrapping the Intellectual Property Appellate Board

/ By / Others

A few months ago, in May, I had sent a petition to the Ministry of Commerce, along with Rahul Bajaj, asking it to consider shutting down the Intellectual Property Appellate Board (IPAB). We had argued that not only was the IPAB non-functional for a long time but it was also poorly designed, especially with regard to the post of the ‘technical member’. Rather than continuing with this broken model, we recommended that the existing functions of the IPAB be shifted […]

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The Dilemma of Graphical User Interfaces: A Need to Rethink Design Protection?

/ By / Design

In the previous post I had covered a specific element of the issues touched upon by the similarities in the interface of JioMeet and Zoom, that of possibility of a non-literal copying. While Zoom’s Graphical User Interface (‘GUI’) is not a registered design, the incident also rekindles the debate on the Indian position on GUI protection under its design laws. In this post, I seek to analyse the Designs Act, 2000, to argue that GUIs should be protected under the

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SpicyIP Weekly Review (August 3 – 9)

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

Topical Highlight Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet In this post, Arun examines the Madras High Court’s recent order injuncting Patanjali from using the trademark ‘Coronil’ and appreciates its lucid interpretation of Section 29(4) of the Trade Marks Act. The plaintiff argued that defendant’s use of the mark would dilute its reputation due to the perceived inefficacy of the product and the accompanying negative press. The Court held that

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Shenzen Tencent v. Shanghai Yinxun: AI Authors, Copyright and Some (Hard) Lessons for India

/ By / Copyright

We’re pleased to bring to you a guest post by Bhavik Shukla and Hatim Hussain, discussing authorship in AI-related works under the Indian copyright law, with specific reference to the judgment in Shenzen Tencent v. Shanghai Yinxun Shenzen passed by a Chinese court in December last year. Bhavik is a recent graduate from NLIU, Bhopal and is currently working with the IP team at Khaitan & Co. Bhavik’s previous posts on the blog can be viewed here, here, here, here, here and here. Hatim is a

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Fluid Trademarks: An Alter Ego for Brands?

/ By / COVID-19, Trademark

We’re pleased to bring to you a guest post by Devangini Rai discussing the application of Indian trademark law to fluid trademarks, which are popularly being used in the context of the ongoing Covid-19 pandemic. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Her previous guest post on the blog can be viewed here. Fluid Trademarks: An Alter Ego for Brands? Devangini Rai As has typically been

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Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA) Vol. 1 Issue 1 [Submit by Oct 25]

/ By / Opportunities, Publication

We’re happy to inform you that CNLU’s Centre for Innovation Research and Facilitation (CIRF) in Intellectual Property for Humanity and Development (IPHD) is inviting papers for publication in Volume 1 Issue 1 of its e-journal Journal of Academic Innovation & Research in Intellectual Property Assets (JAIRIPA). The deadline for submission is October 25, 2020.  For further details, please see the announcement below:     Call for Papers: CNLU’s E- Journal of Academic Innovations & Research on Intellectual Property Assets (JAIRIPA)

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Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet

/ By / COVID-19, Trademark

The Hon’ble Madras High Court has passed a detailed order on merits injuncting Patanjali from using the trademark ‘Coronil’. The order I daresay is one of the most elaborate and lucid orders in recent times from the High Court touching on the interpretation of the Trade Marks Act, especially Section 29(4). The breadth of resources relied upon, several of which appear to be the Judge’s own efforts definitely makes this judgment worthy of a patient read.  This remarkable judgment is

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Budweiser’s Trademark Infringement and Disparagement Claim: Nipping Satire in the Bud?

/ By / Others, Trademark

Budweiser recently filed a suit before the Delhi High Court against the defendants on grounds such as infringement of its trademark, unfair competition and commercial disparagement, and dilution and tarnishment of its goodwill and reputation. In an ex parte proceeding, the court held in Budweiser’s favour finding a prima facie ‘infringement of plaintiff’s registered mark ‘Budweiser’ and also amounting to commercial disparagement of the plaintiff’s products’. In this piece, I dissect this interim order and argue that it is completely

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Does Copyright Law Protect Presentation of Gastronomic Creations?

/ By / Copyright

We’re pleased to bring to you a guest post by Aatmik Jain, examining how Indian copyright law can protect presentations of gastronomic creations. Aatmik is a 3rd year student at the West Bengal National University of Juridical Sciences (NUJS), Kolkata. Does Copyright Law Protect Presentation of Gastronomic Creations? Aatmik Jain Introduction As the saying goes in the culinary world, food is first savoured with the eyes, then with the nose, and only lastly, with the mouth. Today, chefs are putting

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Delhi HC Becomes the Go to Venue for Adjudicating SEP Disputes in India

/ By / Patent

We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also a founder member of the Fair Standards Alliance, a not-for-profit body that advocates fairness in patent licensing. The views expressed in the

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