Competition Law Patent Unfair Competition

A Critique of the Decision in Unwired Planet v. Huawei


On April 5, 2017, the UK High Court of Justice (Patents), Mr. Justice Colin Birss issued a detailed opinion [Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017] in a matter involving SEPs and FRAND.  The Unwired Planet v. Huawei (hereafter “Unwired”) decision is extremely contentious and this posts covers only the issues that I believe need further consideration. Disclaimer: I advise several clients in matters involving SEPs and FRAND.  These are my views only. Long post follows. Background:…


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Patent

Patent Office’s Answer to a Patent Agent Exam 2016 Question Challenged before the Bombay High Court


We had, earlier this year, brought to you a guest post by Dinesh Parmar, one of the candidates who wrote the Patent Agent Exam 2016, wherein he had argued that answers to two of the Paper-I Set C questions as provided in the answer key published by the Patent Office were incorrect. While answer to one of the two questions (i.e. Q. 49) was rectified by the Patent Office on February 2, there has been no clarification issued for answer to Q….


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Copyright

Delhi HC’s John Doe Order #IPL 2017 #Sony


I write to update you regarding a recent Justice R.K. Gauba Delhi HC order concerning restriction of unauthorized broadcasting/transmission of the VIVO IPL 2017. The order can be found at: Sony Pictures vs Home Cable- IPL 2017. This is more of a detailed report, as opposed to an analytical piece. Sony Pictures Networks India sought two reliefs: i. An ex parte ad interim injunction restricting unauthorized relay of IPL 2017. ii. Appointment of Local Commissioners. Relief (i) The defendants in the…


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Geographical Indication Trademark

SpicyIP Fellowship 2017-18: Legal Ownership of ‘Khadi’ amidst the KVIC/Fabindia Dispute


We are pleased to bring to you another guest post by our Fellowship applicant Madhurima Gadre. Madhurima is a 4th year student at NLU, Jodhpur. This is her second submission for the Fellowship. Legal Ownership of ‘Khadi’ amidst the KVIC/Fabindia Dispute Madhurima Gadre The instances of fabric and apparel companies cashing in on Khadi’s reputation are not new. Read our previous post about a German company named Khadi Natureprodukte which registered the term ‘khadi’ in its trademark with the Office for…


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Trademark

Justice Muralidhar’s Googlee (“www.Googlee.in” v. Google)


I write to discuss a Delhi HC Justice Muralidhar order dealing with the dispute over the domain name www.googlee.in (Registered by one Mr. Khatri). Needless to say, Google was the complainant. Prior to critiquing the order, it would be beneficial to familiarize ourselves with the manner of functioning of certain organizations that are affiliated with Domain Name registration. Quick Overview of the .IN Domain Name Resolution Policy Every Domain Name that ends with “.in” (E.g. www.Amazon.in) needs to be registered…


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Copyright

“Mann Ki Baat” and Censor Board of Film Certification


It is reported that the Censor Board of Film Certification (“CBFC”), headed by Pahlaj Nihalani, had asked Dakxin Chhara to scrap the phrase ‘Mann Ki Baat’ from a dialogue in his upcoming thriller titled “Sameer”. Apparently, the sole reason was it being the title of Prime Minister Modi’s monthly radio programme to the nation. I am unable to confirm the veracity of this report. Assuming the veracity of this report, I would like to examine the legality of this fact situation….


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Events

SpicyIP Events: FICCI’s World IP Day 2017 Conference on “Innovation to Drive Business and Competitiveness”


We are glad to announce that FICCI is commemorating the World IP Day 2017 by organizing a Conference “Innovation to Drive Business and Competitiveness” on April 28, 2017 at the Park Hotel, New Delhi. The deadline for registration is April 25, 2017. For further details, please read FICCI’s post below: In recent years, increasing awareness on IP has spawned a new wave of technological innovations, leading to rapid economic growth and development. As businesses grow and attract competition, the need to identify,…


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Events Others

SpicyIP Events: FICCI’s Online Certificate Course on Competition Law & IPR


We are pleased to announce that registration has commenced for the May-June 2017 session of the online certificate course on IPR and competition law conducted by the Federation of Indian Chambers of Commerce and Industry (FICCI). The last date for registration is April 30, 2017. For further details, please read their post below: “About the Course Any business and legal decision of a modern day corporations are intertwined. As distinction between roles in the office of CEO and General Counsel diminishes, it is…


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Events

SpicyIP Events: 1st Munich Conference Series on Ethics in Innovation


We are happy to announce that the Max Planck Institute for Innovation & Competition and the World Forum for Ethics in Business, in partnership with the German Patent & Trade Mark Office, the Peter Löscher Chair of Business Ethics at the Technical University of Munich, and the European Patent Office, are organizing a series of conferences titled the ‘Munich Conference Series on Ethics in Innovation.’ For details, please read their post below: “The Max Planck Institute for Innovation & Competition and the World Forum for Ethics in Business, in partnership…


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Others

Annual Report 2015-16 Review


I write to bring to your attention the Annual Report (2015-2016), compiled by the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (CGPDTM). Instead of coming up with a comprehensive summary of the report, that would largely comprise of drowning you in information, I will attempt to provide you with a basic overview that will help you in digesting and comprehending the otherwise bulky report. But first, I wish to bring to your notice a bit…


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