Trademark

The Dilemma of Determining Well-Known Marks

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In a trademark infringement suit, Texmo Industries inter alia prayed that their mark, TEXMO, be declared as a well-known mark under Section 11 of the Trade Marks Act, 1999. Under sub-sections (6)-(9), this section lays down a number of factors that must be considered before granting well-known status to a mark. However, in this particular case, the issue that was raised, was whether the High Court had the power to declare a mark as well-known. This question arises primarily due…


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Copyright Overlaps in IP Patent Trademark

Obscenity and Morality under IP Law

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  Obscenity under  the Indian Penal Code (“IPC”) is a relic of India’s colonial past. Though the need for such a provision is often subject to debate, it is indisputable that the judiciary’s interpretation of this provision has been often been anachronistic in past instances. The judiciary has, no doubt, evolved from the infamous Hicklin Test (tendency of the impugned material to deprave and corrupt those whose minds are open to such immoral influences) to the contemporary community standards (testing the impugned material against contemporary…


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Others

SpicyIP Weekly Review (August 27-September 2)

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Thematic Highlight In her guest post, Dr. Sunanda Bharti argues that Hall of Nations the Hall of Nations structure is a work of architecture, and therefore, qualifies for protection under the Copyright Act, 1957. She posits that even though the economic rights with respect to the structure vest with the Government, moral rights under Section 57 still remain with the artist who created the work. The destruction, therefore, violated these rights. Topical Highlight Prashant wrote about the most recent attempt…


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Copyright

Heritage, Hall of Nations and Assertion of Moral Rights

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We’re pleased to bring to you a guest post by Dr. Sunanda Bharti. Dr. Sunanda is an Assistant Professor in Law at Delhi University. Heritage, Hall of Nations and Assertion of Moral Rights Dr. Sunanda Bharti Introduction The Hall of Nations was ultimately demolished by the Government in April 2017. It was the modern world’s first and largest-span space-frame structure built in reinforced cement concrete. The building stood at Pragati Maidaan, in Delhi, for the past 5 decades. Inaugurated in…


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Drug Regulation

The Bedaquiline Patient Consent Form in India & the Perils of Single Issue ‘Access to Medicine’ Activism

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‘Access to medicine’ activists at MSF are kicking off yet another campaign to increase access to Janssen’s new drug bedaquiline. Based on a new study and a new set of guidance from the WHO, the activists want the government to give all multi-drug resistant TB patients in India access to bedaquiline. A recent piece published on India Spend, with “support from MSF”, interviews the lead author of an earlier study of bedaquiline in light of a more recent study in the…


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Events

SpicyIP Events: First Galgotias University National Moot Court Competition [Sept. 28-29, Noida]

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We’re glad to inform our readers that the Centre for IPR Studies and Moot Court Society, School of Law, Galgotias University is inviting institutions to participate in the First Galgotias University National Moot Court Competition (GUNMCC), which they will be jointly organizing from 28-29 September 2018 at Galgotias University, Greater Noida, Uttar Pradesh. The moot problem (which can be accessed here) is based upon the important debate regarding access to creations versus their legal protection. For further details of the competition, please see below: Key Dates…


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Copyright

The State of Indian Copyright Societies (And Assorted Bodies) After the Copyright (Amendment) Act, 2012

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It has now been over 6 years since the revolutionary Copyright (Amendment) Act, 2012 was passed by Parliament. As most of our readers may remember, the background to that amendment was corruption in Indian copyright societies and allegations of patently unfair contracts being thrust onto Indian composers and lyricists. The amendments were aimed at changing the regulatory framework for Indian copyright societies and inserting statutory safeguards to protect songwriters and composers. We’ve covered the background of those amendments extensively on…


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Patent

Deconstructing the FRAND Regime vis-à-vis Recourse to Injunctive Relief

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We’re pleased to bring to you a guest post by Subhajeet Roy. Subhajeet is a recent graduate of Tamil Nadu National Law School, Tiruchirappalli. Deconstructing the FRAND Regime vis-à-vis Recourse to Injunctive Relief Subhajeet Roy Background Before one gets into the question of availability of injunctive relief in disputes related to Standard Essential Patents (SEPs), a quick recap of some important terms would be helpful. SEPs are those patents that must be used in order to comply with a said…


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Others

SpicyIP Weekly Review (August 20-26)

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Thematic Highlight This week’s thematic highlight was brought forth by our fellowship applicant, Arth Nagpal. In his submission, he compares ISP liability on parties for copyright infringement in USA and India. He examines the problem of John Doe orders in India and highlights the necessity of reforming the Indian Copyright Act for introducing ISP liability in India. Topical Highlight Sreyoshi wrote a post on a Madras High Court judgment which analysed the issue of whether there had been infringement of copyright…


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Drug Regulation Patent

Standing Against XTANDI: An E-mail Campaign to Ensure Accessibility to Cancer Wonder-Drug

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In their latest efforts to stop the University of California, Los Angeles (UCLA) from pursuing a patent for Xtandi, the Universities Allied for Essential Medicines (UAEM) is sending an e-mail petition to Janet Napolitano, the President of University of California. This attempt comes after UAEM made a representation before the Regents of the University of California for a third time, demanding that Xtandi be made more accessible in India. Xtandi has an eventful if not long history of controversies in…


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