Trademark

The Daily Guardian Controversy: News, Misinformation, and a Passing Off Perspective


The Daily Guardian Logo

Recently, a controversy erupted regarding an article shared by many of the prominent leaders of the Bharatiya Janata Party (‘BJP’), praising the hard work of the Prime Minister Narendra Modi and criticising the “opposition’s barbs”. This article was published on a website called ‘The Daily Guardian’. This led many to criticize it as a fake website trying to portray itself as associated with the prominent news agency, ‘The Guardian’. Some have criticised the concerned article to be misinformation (see here)….


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Copyright COVID-19 Others Patent Trademark

SpicyIP Weekly Review (May 31 – June 6)


Topical Highlight Phone Pe v. Bharat Pe: Whether Vernacular Wordplay Can Save from Being Labelled Generic? In this guest post, Devangini responds to an earlier guest post on the Delhi High Court’s recent interim injunction order in Phone Pe v. Bharat Pe trademark dispute. She first summarises the history of the case, the arguments, and the court’s holding. She critiques the court’s reliance on the Delhi High Court case of Marico v. Agrotech to deny the plaintiff’s claim on two…


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Copyright COVID-19 Design Opportunities Patent Trade Secret

Webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ [June 5]


We’re pleased to inform you that the People’s Health Movement (PHM) and the Third World Network (TWN) are organising a webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ on June 5, 2021. For further details, please see the announcement below. TRIPS Waiver: Update and Analysis of Recent Developments In the last one month we have seen some crucial developments with regard to TRIPS Waiver discussions at the World Trade Organisation (WTO). In early May, the United States government…


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Copyright

Phone Pe v. Bharat Pe: Whether Vernacular Wordplay Can Save from Being Labelled Generic?


We’re pleased to bring to you a guest post by Devangini Rai, responding to an earlier guest post on the Delhi High Court’s recent interim injunction order in Phone Pe v. Bharat Pe trademark dispute. Devangini is a 5th Year, B.A. LL.B. student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She has previously also written two guest posts for the blog titled ‘Fluid Trademarks: An Alter Ego for Brands?‘ and ‘Delhi HC…


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Copyright COVID-19 Trademark

SpicyIP Weekly Review (May 24 – 30)


NUALS’ 7th CIPR National Essay Writing Competition [Submit by July 4] We informed the readers about an essay competition being organized by the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi for law students on the theme ‘IP & SMEs: Taking Ideas to Market’. The submission deadline for the competition is July 4, 2021. For further details including submission guidelines and eligibility, please refer to the post.   Book Launch Webinar: ‘The Protection of Intellectual Property…


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Opportunities

NUALS’ 7th CIPR National Essay Writing Competition [Submit by July 4]


We’re pleased to inform you that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi is organizing an essay competition for law students on the theme ‘IP & SMEs: Taking Ideas to Market’. The deadline for submission of essays is July 4, 2021. For further details, please read the announcement below. 7th CIPR National Essay Writing Competition The Centre for Intellectual Property Rights, National University of Advanced Legal Studies is organizing the 7th CIPR National Level…


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Opportunities Publication

Book Launch Webinar: ‘The Protection of Intellectual Property Rights under International Investment Law’ [May 27]


We’re pleased to inform you that a webinar on the launch of the book ‘The Protection of Intellectual Property Rights under International Investment Law’ authored by Dr. Simon Klopschinski (rospatt osten pross), Dr. Henning Grosse Ruse-Khan (University of Cambridge, King’s College) and Prof. Christopher Gibson (Suffolk University Law School) will be held tomorrow (May 27). For further details, please see the post below. We’ve added the book to the list of IP books on the blog (also accessible from the…


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Copyright COVID-19 Patent Trademark

SpicyIP Weekly Review (May 17 – 23)


Topical Highlight Special 301 Report 2021: Trade Secrets, Patents and Technology Transfer Nikhil and I continued the discussion on three key aspects in the USTR Special 301 Report 2021: India-specific trade secrets and patents issues, and the general stance on technology transfers. We highlighted that the Report has tightened its stance on India’s trade secret regime, asking for stronger enforcement. Curiously, this contradicts its liberal approach towards compulsory licenses and the TRIPS waiver because a lot of key information on…


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Patent

The Dilemma of Employer-Employee Patent Ownership in India


We’re pleased to bring to you a guest post by Kartikeya Prakash, discussing the lacuna in the Patents Act regarding the ownership of the patents invented by the employee in the course of employment in absence of an assignment agreement with the employer. Kartikeya is a 2nd year student at the West Bengal National University of Juridical Sciences (NUJS), Kolkata. The Dilemma of Employer-Employee Patent Ownership in India Kartikeya Prakash Majority tech companies rely on the inventions of their employees…


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Patent

Proof of Right for Filing a Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case


We’re pleased to bring to you a guest post by Idhika Agarwal, analysing the decision issued by the Intellectual Property Appellate Board (IPAB) in DOW Agrosciences LLC v. Controller of Patents in October last year pertaining to proof of right for filing a patent application. Idhika is a 3rd year BBA LLB Hons. student at Symbiosis Law School, Pune. Proof of Right for Filing Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case Idhika Agarwal Patent Cooperation Treaty (1970) facilitates…


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