Comparative Advertising COVID-19 Trademark

India’s First Covid-19 IP Dispute? Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark

In what seems to be India’s first (reported) coronavirus related IP dispute, Hindustan Unilever (HUL) took Reckitt Benckiser (RB) to the Bombay High Court over RB’s most recent Dettol handwash advertisement, alleging that it disparages HUL’s Lifebuoy soap trademark. Background The case came to the court after the HUL (‘Plaintiff’) came across RB’s (Defendant) advertisement promoting its Dettol handwash, which portrayed that bar/solid soaps aren’t as effective as the liquid soap for washing hands, which is particularly important for tackling…

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Copyright COVID-19 Data Exclusivity Innovation Others Patent

Corona and IP – Looking for the Right(s) Answers

Corona covid 19

The Covid 19 pandemic has now changed the way most of us are going about our day to day lives. In India, we are now on day 2 of our 21 day nation wide lock-down. In the midst of all that is going on now, Intellectual Property enthusiasts with a keen eye, would have noticed several IP related issues that have been cropping up, even if relatively under-discussed. For this current post, I thought I would do a round-up of…

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COVID-19 Patent

The Need for an IP Policy to Build a Strategic Stockpile for Pandemics

Just as the country is coming to terms with the reality of the COVID pandemic, we are being warned of mass shortages of everything from quality masks to hazmat suits to diagnostic kits to ventilators and other crucial medical equipment. The Health Ministry should have prepared strategic stockpiles of this material in preparation of such a pandemic but unfortunately this has not been done. The challenge now for India, is to rapidly build up a stockpile that can cater to…

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Copyright COVID-19 Design Geographical Indication Others Patent Trademark

COVID-19: How Best Can the Indian IP Office Help its Stakeholders? [Updated]

In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution. This is because, deadlines in IP prosecution are often hard deadlines, and if extendable, involve a fee – sometimes these require the filing of signed/ notarised/ stamped documents. This concern is equally and anxiously shared by IP lawyers who assist IP owners around…

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SpicyIP Weekly Review (March 16 – 22)

(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Swaraj covered all the adjournments issued by the various IP offices in India due to the COVID-19 outbreak. First, he notes the adjournment of all in person hearings in various Patent Offices in India till April 15, 2020, the notice for which directs video conferencing in the alternative. [As per a notice issued today, all video conferencing hearings at the Patent Office scheduled…

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Publication of Pleadings without Lawyers’ Consent : Copyright Infringement or Fair Use?

Earlier this month, the Supreme Court held that legal pleadings/court records cannot be accessed through the Right to Information Act if the procedure for obtaining them is provided for under the procedural rules of the court (for a wonderful summary of the decision, see Prashant’s piece in The Hindu here). Pleadings are documents of various sorts submitted by parties to a case. In India, it is extremely difficult to access these documents. As detailed in this Vidhi report, one may…

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SpicyIP Fellowship: Directors’ Plight without (Copy)Right – ‘Mr. India’ Trilogy Runs Into Trouble

We’re pleased to bring to you a post by our Fellowship applicant, Lokesh Vyas, on the rights of film directors (or rather the absence of them) under Indian copyright law. Lokesh is a 4th year student at Institute of Law, Nirma University, Ahmedabad. This is his first submission for the Fellowship. Directors’ Plight without (Copy)Right: ‘Mr. India’ Trilogy Runs Into Trouble Lokesh Vyas The Copyright Act, 1957 recognizes three stakeholders in a movie namely; producers, authors of underlying works (such…

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Royzz & Co. Int’l Student Scholarship for IP LL.M. at University of New Hampshire (UNH) Franklin Pierce School of Law [Apply by April 1]

As we’d informed our readers last year, the Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law (UNH) and Royzz & Co. (erstwhile Solomon & Roy) have partnered to offer a scholarship for prospective international LL.M. students specialising in IP Law. The scholarship applications for the upcoming academic year are due by April 1, 2020. For further details, please read the post below where the recipient of the scholarship for the current academic year…

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COVID-19 Others

[Updated] COVID-19 Related Adjournments at Indian Patent Office, IPAB

Japanese light signs for proceed, caution, stop

[Further related adjournments have been updated on this page. If readers know of other adjournments that are not listed here, we request you to mention them in the comments below. The edits that have been included since the first posting of this include: Final Edit: 26/03/20:  Cancellation of hearings in Patent Office amid COVID19: See here All IP Offices to remain closed for 21 days:See here Last date to Register for Patent Agent Exam-2020 Extended to 15.04.2020 : See here…

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Copyright Overlaps in IP

Piracy, Privacy and Procurement: What Internet and Software Associations Had to Say About India to the USTR

Following up on Prashant’s detailed coverage of certain commercial associations making representations to the US Trade Representative on its Special 301 Report, I looked into the representations made by prominent software and internet industry associations. Below, I summarise the India-specific recommendations of the following bodies – the Business Software Alliance (BSA), Internet Association and the International Intellectual Property Association (IIPA). India Continues to be a ‘Piracy Priority’ for the Special 301 Lobbies The business associations had little love for India…

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