Copyright Geographical Indication Patent Trademark

The End of the IPAB and Lessons on Concentration of Judicial Powers

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We’re pleased to bring to you this guest post by our former and one of the most prolific bloggers, Prashant Reddy. The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant Reddy India’s much troubled Intellectual Property Appellate Board (IPAB) was officially buried on August 14, 2021 when the President of India gave his assent to the Tribunals Reforms Act, 2021 enacted by Parliament. With the enactment of this law, the jurisdiction of the IPAB moves back…


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Copyright COVID-19 Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (August 23 – 29)

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Topical Highlight Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off In this guest post, Kedar Ganesh Dhargalkar analyses the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. The Defendant Sun Pharmaceuticals Industries Ltd. allegedly infringed the Plaintiff Cipla Ltd.’s copyright and registered trademark by thrusting its deceptively similar goods and flooding the…


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Copyright Innovation Others Patent Trademark

Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!

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Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14th, 2021 we announced the 2nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad‘s 45th birth anniversary. Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. And encouraged participants to draw inspiration from Shamnad’s scholarship. This year, we received fewer…


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Copyright

Parliamentary Standing Committee Report on IPR – a Regressive View

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This post continues the discussion on Copyright Reform suggested by the Parliamentary Standing Committee Report on IPR, which Adyasha had discussed on the blog here. In a recent opinion piece in The Hindu (available behind a paywall here), Rahul and I discussed the Committee’s Report in context of the State’s obligations as part of the Right to Education. In this post, we are briefly highlighting some of the points we had made there, along with relevant excerpts: Nature of these…


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Trademark

Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

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An image of the comparative advertisement made by Domex

We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 5th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Her previous guest post on the blog can be viewed here. Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use? Pragya Jain Advertising is an important factor in deciding a product’s future success. It is common knowledge that it is the most effective and proven method of attracting new customers in the…


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Copyright Patent Trademark

Delhi HC IP Division Rules: An Opportunity to Strengthen Procedural Framework

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We’re pleased to bring to you a guest post by Eva Bishwal. Eva is a Senior Associate at Fidus Law Chambers, a boutique IP law firm in Noida. IP Division Rules: An Opportunity to Strengthen Procedural Framework Eva Bishwal The abolition of the IPAB and the creation of the IP Division (‘IPD’) in the Delhi High Court have been extensively discussed here and  here. In this post, I will discuss the foreseeable problems of the new order and the scope…


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COVID-19 Trademark

Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off

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An image of a packet containing Cipla's Duolin Repsule

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off Kedar Ganesh Dhargalkar In the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., the ever-evolving path of trademark jurisprudence witnessed a modernistic turn, which put its discourse on an intriguing juristic boulevard. This…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (August 16 – 22)

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PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes In a guest post, Satchit Bhogle covered the issue of infringement of personality rights. Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue….


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Opportunities

Call for Applications: Research Assistants – IPR Chair at NALSAR, Hyderabad [Apply by August 25]

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We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021. For further details, please see the announcement below: Advertisement for Recruitment for Research Assistants – IPR Chair NALSAR University of Law, Hyderabad invites applications for the following contractual positions: Research Assistants for IPR Chair Project – 2 Nos. QUALIFICATIONS REQUIRED: 1) Ph.D holder or PhD Scholar working in the…


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Privacy

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes

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We’re pleased to bring to you a guest post by Satchit Bhogle. Satchit is a Counsel at the Bombay High Court. He graduated from NUJS, Kolkata in 2016 and completed his LL.M. from Duke University in 2019. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes Satchit Bhogle Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out…


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