Others

SpicyIP Weekly Review (April 8-14)


Topical Highlight Divij wrote a post on India’s first ‘dynamic’ website blocking injunction, issued by the Delhi High Court. This order allows for the plaintiff to apply for the extension of an injunction to ‘mirror/redirect/alphanumeric’ websites (that contain the same content as the original prohibited website) to the Joint Registrar of the Delhi High Court. Thematic Highlight I wrote a post on the nature of orders and quorum requirements at the IPAB, in light of the orders passed despite continued…


Read More »
Copyright

Breaking: Delhi High Court Issues India’s First ‘Dynamic’ Website Blocking Injunction for Copyright Infringement


Online piracy, that bugbear of copyright owners, has received significant attention from courts in India and abroad, which hope to craft an elegant solution to protect rightsholders interests in a digital economy, who face inherent limitations considering the manner in which data sharing and information flows over the internet work. The Delhi High Court through its judgement in UTV v 1337x.to, delivered on April 10, has made a significant contribution to this jurisprudence in India, particularly by crafting a new…


Read More »
Others Trademark

The Nature of Orders and Quorum Requirements at the IPAB (Part I)


In January, I had written a brief post alleging the illegality of the hearings conducted and the orders passed by the IPAB. I had argued that the IPAB had violated the law because it failed to meet the quorum requirements under provisions of the Trade Marks Act, 1999 read with the IPAB (Procedure) Rules, 2003 (‘quorum requirements’) when conducting hearings and passing orders. Since the retirement of Technical Member Sanjeev Kumar Chaswal on December 5, 2018, the IPAB has remained…


Read More »
Comparative Advertising Trademark

All About Men’s Fairness Creams and Generic Disparagement


In a country where a person’s beauty is usually based on the melanin content in one’s skin, products promising fairness and “even skin tone” are abundantly available in the Indian cosmetics industry, most of which target the fairer sex (pun intended) as their main customer base. Lately, however, the Indian cosmetics industry has been acknowledging changing gender roles and the  shift from traditional perceptions of masculinity and femininity by introducing beauty products especially targeted towards men, including fairness products. A…


Read More »
Copyright

From Betamax to Youtube – How Copyright Laws Have Impacted Innovation


The Sony Betamax case may be familiar to some readers of this blog. The US Supreme Court ruling first elaborated the concept of ‘substantial non-infringing use’ as applied to the sale of technologies which could enable piracy or copyright infringement. In many ways, this ruling and the rationale behind it have been applied to subsequent technologies and regulations around these technologies – from p2p filesharing, to, most recently, online content hosting platforms. The Betamax and its history should be carefully…


Read More »
Events

SpicyIP Events: 5th Annual Refresher Course for Law Teachers on Developmental Perspectives on IPRs [CUSAT Cochin, June 21-28]


We are pleased to announce that the Inter University Centre for Intellectual Property Rights Studies (IUCIPRS), CUSAT is hosting a seven-day exhaustive training programme for law teachers from 21st to 28th June, 2019. The theme for 2019 is “IPRs and Competition-Social Dimensions”. The deadline for submission of applications is May 20, 2019. For further details, please read the announcement below: Announcing the 5th edition of our Annual Refresher Course on IPR for Law Teachers on Developmental Perspectives of Intellectual Property…


Read More »
Others

SpicyIP Weekly Review (1-7 April)


Thematic Highlight  I had written a two-part post on the Notice on Plant Breeders’ Rights. In the first post, I examined the history of seed price control orders in India and the main highlights of the Notice and the controversial relation between the Patents Act and the Plant Varieties  Act in relation to Monsanto’s dispute with Indian seed companies. In my post, I conclude that both the legislations co-exist harmoniously. In the follow-up post, I examine the the clash between the Central…


Read More »
Trademark

Need for Boosting Trademark Law for Keeping Pace with Artificial Intelligence


We’re pleased to bring to you a guest post by Shubham Borkar and Nitish Daniel. Shubham is a Senior Associate at Khurana and Khurana Advocates and IP Attorneys and Nitish is an Assistant Legal Advisor at ONGC. Need for Boosting Trademark Law for Keeping Pace with Artificial Intelligence Shubham Borkar & Nitish Daniel  Business Giants like Google, Facebook, IBM are integrating AI systems into their operations, so are online retailers, online marketers, and product manufacturers like Amazon. For example, you…


Read More »
Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (II)- Who is to monitor Seed Prices?


In my previous post, I had summarised Monsanto’s past dealings with Indian seed companies and the history of seed price control orders in India. I had also pointed out the confusion regarding the applicability of both, the Patents Act and Protection of Plant Varieties and Farmer’s Rights Act (PPVFR Act), to Bt cotton seeds. From the Notice, it is clear that it seeks to give clarification on the powers of the Plant Authority to monitor prices of registered plant varieties…


Read More »
Designs Trademark

SpicyIP Fellowship 2019-20: “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off of Registered Design


We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her first submission for the Fellowship. “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off Of Registered Design  Arushi Gupta   On 7th March 2019, in Crocs Inc. USA v. Aqualite India Limited, the Delhi High Court rejected the maintainability of a suit of…


Read More »