Patent

WIPO’s New AI Translation Tool Fosters Access to Information on Patented Inventions


In a pioneering step towards facilitation of access to information on patented inventions, WIPO has developed a breakthrough tool, based on artificial intelligence, for instant high quality translation of patent documents. This tool, called WIPO Translate, can be used free of charge and is available through the WIPO’s PatentScope database that contains PCT applications as well as patent documents of participating national and regional patent offices. As we know, one of the objectives of granting patents is disclosure of inventions…


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Trademark

Surrogate Advertisements: The dark side of Trade marks? [Part I]


Advertisements are made for one simple reason: to portray the product in question in a good light and make it appealing and irresistible for prospective customers. Where profit is the only motive, there is no place for cold hard facts or objective truths. Whether we believe that soup powders have “the goodness of real vegetables” or that a certain telecom brand can unilaterally solve our country’s problems, we can only point fingers at advertisements for our mistaken beliefs. Advertisements have…


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Others

Patent Agent Exam 2016: Answer Keys and Changes in Format


We are happy to bring to you a guest post on the Patent Agent Examination 2016, co-authored by Roshan John, Research Associate under the IPR Chair at IIT Madras and Dr. Sudarsan Rajagopal, one of the candidates who wrote this exam. In an earlier post, we had shared with you an answer key to Paper-I, prepared by Mr. Muthu SenthilKumar. In this post, Roshan and Dr. Sudarshan discuss the changes made to the format of the exam this year and share with us the answer…


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Others

SpicyIP Weekly Review (December 25-January 1)


First off, here’s wishing a very happy, scintillating and spicy new year to all our readers! Now onto wrapping up the last week of 2016: In our most important development this week, Pankhuri has painstakingly compiled a list of the top 10 IP decisions and developments as well as other notable IP developments from 2016. Our topical highlight for this week is Balu’s take on the groundbreaking decision where a division bench (DB) of the Delhi High Court held that…


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Trademark

Delhi High Court dismisses trademark infringement lawsuits by Pepsico & Rasna for lack of jurisdiction


The Supreme Court’s decision in IPRS v. Sanjay Dalia continues to torment IP owners who have been abusing the law to create jurisdiction before the Delhi High Court. The victims this time are Pepsico and the owners of the Rasna trademark. In two different judgments, Justice R. K. Gauba has rejected lawsuits filed by both these trademark owners under Section 134 which is the special jurisdictional clause of the Trade Marks Act, 1999. This clause, like Section 62 of the…


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Trademark

Holding Mother Dairy as a Well Known Mark, Delhi High Court Grants Permanent Injunction to Restrain its Misappropriation


In a recent judgment [Mother Dairy Fruit and Vegetable versus S.K. Raheem], Justice R.K. Gauba of the Delhi High Court granted a permanent injunction in favour of Mother Dairy, restraining the use of its trademark/trade dress by the defendant in its milk products sold under the name Vinay Milk. One of the key factors undergirding the Court’s conclusion was that Mother Dairy is a well-known mark, meriting stronger protection than a trademark simpliciter. We have covered judicial determinations recognizing a…


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Others

A Look Back at India’s Top IP Developments of 2016


India witnessed a number of significant IP developments in 2016. As the year comes to an end, let’s take a look back at these developments that kept the Indian IP landscape action packed throughout out the year. We have divided these developments into three categories: a) top 10 judgments/orders, b) top 10 policy related developments and c) other notable developments. The developments in the first two categories have been chosen owing to their jurisprudential impact (extremely well-reasoned on a point…


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Copyright

Breaking Free of the IP Freeze: Happy New Year!


“Frozen” broke most box office records. And turned out to be the highest grosser for Disney studios. And yet this maverick of a movie almost never came to pass. Until a creative set of screen writers decided that they would stray from the parent script …one conjured up more than a century ago by Hans Christian Anderson, the celebrated childrens’ writer. Anderson wove his basic story around the “Snow Queen”, an evil queen who unleashes her freezing power upon the…


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Trademark

Delhi HC Overrules AAR Formula One Decision on Incidental Trademark Use


In Formula One World Championship Limited v. Commissioner of Income Tax (the order is available here), the Delhi High Court on the 30th of August this year, overruled an order of the Authority for Advance Ruling (‘AAR’) on the incidental usage of the trademarks and logos owned by Formula One Licensing B.V. by Jaypee Sports Limited (‘Jaypee’) in the organisation and promotion of the Formula One Grand Prix in India (‘Grand Prix’). The Grand Prix, that saw three editions in…


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Drug Regulation

In a Deeply Flawed Judgment, Delhi High Court Quashes Government’s Decision to Ban 344 FDCs


In a judgment that could have far-reaching implications for the safety of large numbers of Indian patients, a single judge of the Delhi High Court quashed the Government’s decision to ban 344 fixed dose combination (FDC) drugs earlier this month. On 10th March, 2016, the Central Government had prohibited the manufacture, sale and distribution of 344 FDCs, most notably the famous cough syrup Corex, in exercise of the powers conferred upon it by Section 26A of the Drugs and Cosmetics…


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