Patent Trademark

RTIs reveal tardy record keeping practices at the IPO – no records of pending patent oppositions – 1,13,857 trademark oppositions pending + 5,533 rectifications


Over the last two years we have been subject to a relentless stream of press statements from the DIPP Joint-Secretary Rajiv Agarwal and Controller General O.P. Gupta, about how the backlog at the Patents Office and Trade Mark Registry has been massively reduced over the last few years. First, let us give credit where it is due – the DIPP and Patent Office finally managed to conduct large scale recruitment process of patent office examiners without any major scandal –…


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Patent

Novartis succeeds in 37 patent infringement lawsuits related to Vidagliptin – Judge Tyagi dismisses the 38th lawsuit for lack of evidence


Starting in March, 2014 the Swiss Pharma company Novartis filed multiple qua timet patent infringement lawsuits against a number of generic companies including Biocon, Glenmark, Wockhardt Ajanta Pharma etc. and managed to secure several interim injunctions against these generics. While the lawsuits filed before the Delhi High Court got the most attention, Novartis through its counsel, Mr. Hemant Singh of Intettl Advocare, was also instituting lawsuits in courts across the country including in Hyderabad, Ahmedabad, Vadodra, Bombay, Nashik, Madras, Mohali…


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Others

SpicyIP Weekly Review (November 26 – December 2)


The topical highlights for this week, were brought by Prashant and Prateek, respectively – Prashant reported on the recent call for applications made by the DIPP, for certain appointments to the IPAB. Prashant notes that the DIPP’s decision to proceed with these appointments is strange, considering the Rules under which the appointments are to be made, as well as the Finance Act governing the Rules, have both been challenged. After reiterating some of the deep rooted issues concerning the Finance Act, Prashant…


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Copyright

Global Music Record Industry Plays the Fight Song Loud, as “Stream Ripping” Explodes to be the Most Aggressive Form of Piracy


We are pleased to bring to you a guest post by Simrat Kaur. Simrat is a New Delhi based IP lawyer. She pursued her undergraduate law course from Rajiv Gandhi National University of Law, Punjab and masters law course from National University of Singapore. After having worked with leading Indian law firms (Anand & Anand and Luthra & Luthra Law Offices), she has recently started independent practice under the banner “The Endretta”. While working with the said law firms, she has…


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Trademark

Case Note: Del HC on Verizon Trademark Services LLC & Ors v. Mr. Parth Solanki & Anr


At the outset, this judgment dated 09 November 2017 doesn’t have much to offer in terms of jurisprudential inputs. You may then be wondering why I am discussing this case. On quite a few occasions, especially in the arena of IPR, ex parte cases arise. The Delhi High Court, in this case, discusses the judicial approach towards such cases. The legal position is, of course, no longer res integra. Even then, revising one’s knowledge on the same is not a…


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Others

DIPP should hold off IPAB appointments until the Attorney General clarifies govt. position on Tribunal Rules


The Department of Industrial Policy and Promotion (DIPP) has issued an advertisement inviting applications for the following posts at the Intellectual Property Appellate Board (IPAB): Vice-Chairperson, Technical Member (trademark), Technical Member (patent) & Technical Member (copyright). This decision of the DIPP to proceed with these appointments is surprising, given the multiple lawsuits filed against the government challenging the constitutionality of not only the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017…


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Others Trademark

Part I: The “Sexy Barbie Girl” Controversy #Mattel #Camera Hearing #TM Dilution (DHC)


I write to report a recent DHC Order issued by J. Endlaw denying Mattel Inc. (the famed toymaker behind the Barbie doll) an ex-parte injunction Order restricting the release of the movie “Tera Intezaar” with the song “Barbie Girl”. Also, the Order rejected Mattel’s application for conducting proceedings under cameras, instead of public view. We will look into the Order’s analysis of the following concerns in sequence: Application for Hearing Under Camera (Part I). TM Infringement and Dilution of the Mark…


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Copyright Others

Char-Surly tales of Carnatic Music Labels


Disclaimer: I’ve been specifically requested not to use names of those who I am quoting or whose experiences I am highlighting. Hopefully at the end of this article, you can understand why. This is going to be a very different Spicy IP post. First, we are going to deal with Copyright in Carnatic Music, a topic we’ve rarely blogged about except here and here. (I would recommend the reader to read both those posts in order to get an understanding…


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Others

SpicyIP Weekly Review (November 19-25)


Arguing against the recent recognition of “Banglar Rasogolla” as a Geographical Indicator on account of being against both the letter and spirit of the GI Act, Sreyoshi discusses the following areas: i. The technical pit-falls (Nature of applicant, uniqueness of product to Bengal). ii. Possibility of the mark’s distinctiveness getting eroded. iii. Ulterior effects on traders. iv. Questions over the lack of opposition at the stage of examination. Next, Pankhuri brought to your notice that the Indian Journal of Law…


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Geographical Indication

Why I Love My Rasogolla Without its GI Tag


As a Bengali, I can testify that there are two food items that have always ruled my plate – fish cooked in mustard oil; and fresh, hot Rasogollas. While this could appear to be a generalization of sorts, I haven’t met many Bengalis in my life with palates that are incongruous with the above. So, last week, when news of the GI tag for ‘Rasogolla’ being granted to West Bengal, spread across the country, the topic of “Geographical Indications” came…


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