SpicyIP Weekly Review (May 18 – 24)

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

[This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight The Delhi High Court and an Anti-Suit Injunction – Part I & II In a two-part post, Mathews wrote about the Delhi HC’s recent decision in HT Media Ltd. v. Brainlink Int., wherein it granted an interim injunction restraining a New York-based corporation from using the domain name ‘www.hindustan.com’ and proceeding with this suit or filing a related suit before any court. In […]

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Texas A&M School of Law Invites Your Contributions to its New Blog, TradeRxReport

/ By / Opportunities, Patent, Publication, Sponsored

We’re pleased to inform you that Texas A&M University School of Law has launched a new blog ‘TradeRx Report‘ which explores questions of access to affordable medicines and health care that arise at the intersection of IP law and international trade, and is inviting contributions for it. For further details, please read the announcement below: Texas A&M School of Law Invites Your Contributions to its New Blog, TradeRxReport Texas A&M University School of Law, is launching a new blog and

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The Delhi High Court and an Anti-Suit Injunction – Part II

/ By / Trademark

[Please read Part I of this two-part post for the summary of the judgment discussed herein] Introduction I am unable to agree with the judgment of Delhi High Court on various counts. At the outset, this is an ex-parte proceeding. The evidentiary threshold, as held by the Supreme Court in Ramesh Chand Ardawatiya v. Anil Panjwani (AIR 2003 SC 2508), is as follows: “33. ………In the absence of denial of plaint averments the burden of proof on the plaintiff is

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The Delhi High Court and an Anti-Suit Injunction – Part I

/ By / Trademark

The Delhi High Court recently granted an anti-suit injunction in HT Media Ltd v. Brainlink International in an ex-parte interim injunction proceedings. Part I of this two part post shall summarise the judgment. Part II shall critically analyse the judgment. Brief Facts The plaintiff owns the trademarks “Hindustan” and “Hindustan times” under Class 16 and Class 38. The defendant owns the domain name http://www.hindustan.com. The negotiations between the plaintiff and the defendant for handing over the domain name were not

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SpicyIP Tidbit : EBA’s Recent Ruling on Patentability of Plants and Animals : Any Impact on India?

/ By / Patent

[Disclaimer: I represent clients in India in ongoing litigation on related and unrelated issues. Views expressed here are strictly personal.] The IPKat recently reported that the Enlarged Board of Appeal operating under the EPC regime handed down its ruling in G 3/19 on the patentability of plants and animals developed from essentially biological processes. The Enlarged Board of Appeals has approved the Rule 28(2) recently inserted in Implementing Regulations of the European Patent Convention, by which products exclusively obtained by

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Fact Checking the Fact Check: Is Circulation of Free E-Newspapers Permitted under Copyright Law?

/ By / Copyright, COVID-19

When the Covid-19 lockdown restrictions came into effect, the physical distribution and door step delivery of newspapers became affected. Faced with these constraints, most newspapers started offering free trials on their websites for e-papers and even free PDFs of the day’s paper. This also led to a surge in e-papers getting forwarded on social media by individuals, rather than newspapers themselves. Newspaper Dainik Bhaskar then came out with a piece claiming that downloading and circulating PDFs of e-papers was illegal.

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Submission Guidelines for the Shamnad Basheer Essay Competition on Intellectual Property Law

/ By / Opportunities

After the announcement of the Shamnad Basheer Essay Competition on IP Law on May 14, we have received several emails from students asking similar questions regarding the format of the competition. We have answered a few such common questions below. In case you have any specific doubts, please feel free to email us at [email protected] and we will get back to you as soon as possible. 1. There is no registration fee or registration process for the competition. Just send

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SpicyIP Weekly Review (May 11 – 17)

/ By / Others

(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Reverse Engineering and Aarogya Setu App: Contracting Out of Fair Dealing? One of our former bloggers, Aparajita wrote a guest post examining the legal enforceability of the prohibition on reverse engineering imposed by the terms of service of the Govt’s COVID-19 tracking mobile app Aarogya Setu, in light of the fair use rights of users under Section 52 of the Copyright

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SpicyIP Fellowship: Govt’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions – A Critique

/ By / Others, Patent

We are pleased to bring you a post by our Fellowship applicant, Shivam Kaushik, critiquing the Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions that was released by the Government in September last year. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. This is his first submission for the Fellowship. CIPAM’s Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions: A Critique Shivam Kaushik In September 2019, the Department for Promotion

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Trademarking of Blockchain Technology and Virtual Currencies: An Unsolvable Conundrum?

/ By / Trademark

We’re glad to bring you another post by our intern, Bhavik Shukla, discussing the various aspects of trademark registration for virtual currencies. Bhavik is a 5th year student at NLIU, Bhopal. His earlier posts on the blog can be viewed here, here, here, here, here and here. Trademarking of Blockchain Technology and Virtual Currencies: An Unsolvable Conundrum? Bhavik Shukla I read Arun’s post on trademarking of virtual currencies with much interest. He lucidly explained the concepts relating to the ‘befuddling’

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