SpicyIP Weekly Review (July 13 – 19)

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

Topical Highlight Bombay HC Clarifies Nature of Reliefs Applicable in Cybersquatting Disputes Divij wrote a post about a refreshing order and judgment delivered by the Bombay High Court recently in the case of Hindustan Unilever v. Endurance Domain and Ors. The Court held that the finding of cybersquatting and fraudulent behaviour was uncontroversial but HUL’s prayer to direct domain name registrars “to suspend and ensure the continued suspension of and block access to (…) Fraudulent Domain Name(s)” could not be granted. This conclusion […]

SpicyIP Weekly Review (July 13 – 19) Read More »

Bombay HC Clarifies Nature of Reliefs Applicable in Cybersquatting Disputes

/ By / Trademark

In an interesting and important order and judgement delivered by Justice Gautam Patel, the Bombay High Court has shed some clarity on the nature of reliefs applicable in domain name cybersquatting disputes – disputes relating to the wrongful or fraudulent use of trademarks as domain names. The order dated June 12, in Hindustan Unilever v. Endurance Domain and Ors. is available here. In brief, the court held that domain name registrars can not be expected to ‘block access’ to a

Bombay HC Clarifies Nature of Reliefs Applicable in Cybersquatting Disputes Read More »

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles?

/ By / Others, Traditional Knowledge

We’re pleased to bring to you another guest post by our fellowship applicant Adyasha Samal, discussing the problems with the approach of protecting traditional cultural expressions (TCEs) under existing IP regimes, using hairstyles as an example of a widely appropriated TCE. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her second submission for the Fellowship. Her previous guest post can be viewed here.   Cornrows and Cultural Appropriation: What is the Best Way to

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles? Read More »

"Amendment"

The Challenging Pursuit of Patent Claim Amendments in India

/ By / Patent

We’re pleased to bring to you a guest post by Durgesh Mukharya and Meenakshi Chotia, examining the Patent Office’s practice of allowing amendments in claims of a patent application. Durgesh is a Partner and Meenakshi is a Senior Associate at the Bangalore office of the IP law firm, K&S Partners. They have backgrounds in biotechnology and biochemistry, and are part of the Life Sciences – Patents team of the firm. They both are registered Patent Agents and their work primarily

The Challenging Pursuit of Patent Claim Amendments in India Read More »

Copyright ‘Strikes’ Cricket: Films Division’s Tryst with Old Cricket Clips

/ By / Copyright

The Films Division of India (‘Films Division’) holds copyright in a large number of old clips pertaining to cricket, primarily in form of newsreels or short documentaries about some series or events. As per his interview with The Hindu, a cricket fan Mr. Jairaj Galagali ordered these clips, after much bureaucratic hassle, upon making the required payments for the same. He subsequently uploaded these clips on his YouTube channel. In his videos, alongside the clips, he used to provide a social

Copyright ‘Strikes’ Cricket: Films Division’s Tryst with Old Cricket Clips Read More »

Delhi HC Refuses Interim Injunction against Use of Acronym ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question Unanswered?

/ By / Trademark

We’re pleased to bring to you a guest post by Devangini Rai, analysing a recent Delhi High Court order that refused to grant an interim injunction against the use of the acronym ‘TCV’ in relation to a typhoid vaccine. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi.     Delhi HC Refuses Interim Injunction against Use of Trademark ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question

Delhi HC Refuses Interim Injunction against Use of Acronym ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question Unanswered? Read More »

SpicyIP Weekly Review (July 6 – 12)

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

Topical Highlight Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles In a guest post, Abhishek Iyer discussed the issue of intermediary liability in light of the Telegram copyright infringement case. The post first discusses the burden of knowledge with respect to e-notices to understand Telegram’s liability given the requirement of ‘specific and actual knowledge’ of intermediaries with respect to infringement of copyrighted material. The doctrine of inducement used in US Courts is discussed to determine Telegram’s

SpicyIP Weekly Review (July 6 – 12) Read More »

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law?

/ By / Trademark

We’re pleased to bring to you a guest post by our fellowship applicant, Adyasha Samal. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her first submission for the Fellowship. In this post, she explores issues relating to morality based prohibitions in trademark law in light of the Court of Justice of the European Union’s decision permitting the registration of the ‘Fack Ju Göhte’ mark earlier this year. We’ve had several posts on the issue of

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law? Read More »

Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles

/ By / Copyright

We’re pleased to bring to you a guest post by Abhishek Iyer. Abhishek is a 3rd year student at the Gujarat National Law University (GNLU), Gandhinagar. Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles Abhishek Iyer Circulation of e-newspapers and its validity under copyright law have been regularly put on debate, SpicyIP had recently discussed it here. On similar lines, popular news publisher Jagran Prakashan Limited (‘Plaintiff’), found their e-paper being freely circulated online, through messaging

Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles Read More »

DPCO’s Para 32 Conundrum Continues: Price Control Exemptions for Newly Patented Drugs

/ By / Drug Regulation, Patent

Earlier in February, I had written about a petition filed by AIDAN challenging Paragraph 32 of the Drug (Prices Control) Order 2013 (DPCO) and the Drug (Prices Control) Amendment Order, 2019. Para. 32 of the DPCO creates a provision for the exemption of certain drugs from price control. One of the exemptions under Para. 32, brought in through the 2019 amendment, is for ‘new drugs’ patented under the Indian Patents Act, 1970. The latest provision, after the amendment, reads –

DPCO’s Para 32 Conundrum Continues: Price Control Exemptions for Newly Patented Drugs Read More »

Scroll to Top