Examining the Delhi High Court’s Jurisdictional Quagmire – Part II

/ By / Copyright, Trademark

In my last post, I examined some recent judgements of the Delhi High Court where the DHC had to grapple with the issue of when jurisdiction should be exercised in cases where a jurisdictional claim rests on an online transaction. As the summary of cases shows, the DHC came to contrary conclusions in cases with very little between them as far as facts are concerned. In this post, I want to identify some of the issues in the DHC’s recent […]

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God, Sex and Truth – RGV Film in Copyright Row

/ By / Copyright

(This post has been authored by and published on behalf of Sreyoshi Guha) In what can be termed as a rather “spicy” development, Indian film maker Ram Gopal Varma – well known for films such as Aag, Sarkar, etc. has been slapped with a copyright infringement suit, before the City Civil Court, Hyderabad. The controversy is centered on his up-coming movie, “God, Sex And Truth” starring American Adult Film Star, Mia Malkova. Before we get into the specifics of the

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In Conversation with Priyanka Khimani: Pondering IP, Law & Leadership

/ By / Others

In June last year, I welcomed the news of the Anand and Anand & Khimani merger with the (shared, I’m sure) gut feeling that this was history in the making. I must confess, this gut feeling came armed with the sound of drumroll emanating from somewhere within the folds of my conscience. As luck would have it, I was asked to report the merger on the blog. There was consensus among the team members that when I did report the

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Examining the Delhi High Court’s Jurisdictional Quagmire on Online Elements – Part I

/ By / Copyright, Trademark

Over the past few years, the Delhi High Court has had a number of occasions to consider the question of jurisdiction in trademark and copyright cases. One common thread between many of these has been the element of online transactions, where jurisdiction rests on the Court’s interpretation of the impact of online transactions on a traditional jurisdiction analysis. However, despite this element becoming ever more ubiquitous, the jurisprudence around online jurisdiction has become more convoluted. In this post I aim

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SpicyIP Weekly Review (January 14 – 20)

/ By / Others

The thematic highlight of the week was Prof. Basheer’s post on how Brazil and India have responded to issues of pendency in IP administration. Here, he points to two examples – Brazil’s radical idea to expeditiously approving pending patent applications through a ‘simplified process’, and India’s decision to deem 5,00,000 trademark applications as abandoned. Thankfully, the former decision has not been implemented yet, and latter decision has been stayed by the Delhi High Court and, as one of our readers

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SpicyIP Events: WIPO-WTO Colloquium for Teachers of Intellectual Property 2018, Geneva

/ By / Event

We are pleased to announce that the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) are jointly organizing a two-week colloquium for teachers of intellectual property from developing countries and countries with economies in transition. The 15th Colloquium will take place in Geneva, Switzerland from June 18-29, 2018. A copy of the provisional programme for the colloquium is available here. Interested candidates need to complete the Application Form online by March 11, 2018. If you have any

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In a Misguided Step, Supreme Court Stays Karnataka High Court Judgment on Health Warnings on Tobacco Products

/ By / Trademark

While few would disagree with the broad proposition that the commercial interest of profit-driven businesses has to be balanced with the interest of the public, the precise manner in which such a balance has to be struck continues to remain a deeply contested issue. One key arena in which efforts to achieve this balance have received sustained attention on this Blog relates to the imposition of plain packaging restrictions and health warnings on Tobacco products. Simply put, such restrictions curb

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Creative Ways of Cutting Pendency: Abandonment vs Allowance?

/ By / Patent, Trademark

The BRICS block (comprising Brazil, Russia, India, China and South Africa) are a major force to contend with. For these countries are seen as potential world leaders (if not already). Along with Annalisa Primi, a stellar economist, I co-authored a paper some years ago referring to these countries as “Technologically Proficient Developing Countries” (TPDCs). And hoped that some of these countries would break out of the standard IP script (driven in large part by the developed world) and carve out

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SpicyIP Weekly Review (January 7 – 13)

/ By / Others

Kick starting this week, Pankhuri announced the 14th ITechLaw 2018 International India Conference, to be organized by ITechLaw, from January 31, 2018 to February 2, 2018 at the Ritz Carlton hotel in Bangalore. The conference theme for this year is ‘The Fourth Industrial Revolution: Challenges Ahead for India.’ Notably, ITechLaw is offering special discounted prices to local India delegates and in-house counsel members. All those interested may register here. Next, we had Pankhuri posting on behalf of Prof. Basheer, who reported the recent Delhi HC ruling on a

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Delhi High Court Makes Clear that Patent Working Information is not “Confidential”

/ By / Patent

The Delhi high court order on “patent working” that we blogged about earlier is now available on our resource page here. As you can see, it is a very well reasoned order. And one of the few decisions that is not unduly long winded, but short, crisp and legally lucid. Here are the key excerpts from the decision. Am reproducing the introductory paragraphs of the courts ruling, since the court captures the core essence of the petition quite well. The court

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