Opportunities Others

Announcing the 1st Shamnad Basheer Essay Competition on Intellectual Property Law


On the occasion of our Founder Prof. (Dr.) Shamnad Basheer’s 44th birth anniversary today, we at SpicyIP are proud to announce the first edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. Shamnad’s family has kindly consented to us conducting this competition in his name. A master with the pen, Shamnad was a prolific writer. Apart from publishing extensively in academic journals (most of the publications can be accessed on his SSRN page), he was also the rare Indian…


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Copyright

Reverse Engineering and Aarogya Setu App: Contracting Out of Fair Dealing?


We’re excited to bring to you a guest post by one of our former bloggers, Aparajita Lath. Aparajita is a lawyer based in Bangalore. In this post, she examines the legal enforceability of the prohibition on reverse engineering imposed by the terms of service of the Govt’s COVID-19 tracking mobile app Aarogya Setu, in light of the fair use rights of users under Section 52 of the Copyright Act, 1957. Her previous posts on the blog can be viewed here….


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Copyright

Debate on Parallel Import of Books – Still Relevant in the Post-Amazon Age?


We’re delighted to bring to you another guest post by our Fellowship applicant Anupriya Dhonchak, discussing the relevance of the debate on the legality of parallel importation of books in India in the age of Kindle and e-books. Anupriya is a 4th year law student at National Law University, Delhi. Her earlier posts on the blog can be viewed here and here. Debate on Parallel Import of Books: Still Relevant in the Post-Amazon Age? Anupriya Dhonchak There was a raging…


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Others

SpicyIP Weekly Review (May 4 – 10)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) In a guest post, Nikhil Purohit wrote about the decision of BMW AG v. Om Balajee Automobile (India), wherein the Delhi HC granted an interim injunction restraining the defendant from using the mark ‘DMW’. Beginning with the Court’s analysis on deceptive similarity, Nikhil notes that the Court failed to acknowledge the obvious differences in the parties’ logos. He further observes that the Court…


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Comparative Advertising Trademark

Same Old Disparagement Story: Delhi HC Grants Interim Injunction Against Lifebuoy Ad


A single-judge bench of the Delhi High Court recently passed an order granting an interim injunction in the case of Reckitt Benckiser (India) Private Limited v. Hindustan Unilever Limited. The case concerned an allegation of disparagement caused to the Plaintiff’s product Dettol antiseptic liquid by the Defendant’s Lifebuoy soap commercial. After the Plaintiff proved a prima facie case of disparagement, the Court granted an interim injunction restraining the Defendant from airing the advertisement until the final decision in the suit….


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Copyright Others Patent Plant Variety Protection Trademark

A Petition to Shutdown the IPAB and Shift Its Functions to High Courts and Commercial Courts


A few weeks ago we had an interesting series of posts on SpicyIP, debating the role of the Intellectual Property Appellate Board (IPAB) and whether it should continue to exist. Along with our former blogger Rahul Bajaj, who is currently a Rhodes Scholar at Oxford, I have drafted the petition below requesting the government to consider a proposal to scrap the IPAB and transfer its functions back to commercial courts and High Courts. We intend to send it to the…


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Trademark

BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment?


We’re pleased to bring to you a guest post by Nikhil Purohit, analysing the Delhi High Court’s recent grant of an interim injunction restraining an e-rickshaw manufacturer from using the mark ‘DMW’, in a trademark infringement action by the luxury car manufacturer BMW. Nikhil is a 4th year student at the National Law School of India University, Bangalore. BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment? Nikhil Purohit On March 23rd, the Delhi High…


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Trademark

A Response to the Alternate Interpretation on Permissibility of Sub-licensing under Indian Trademark Law


Last week, Kapil had written a guest post giving an alternate interpretation to the arguments in my post on the impermissibility of sub-licensing arrangements under the Trade Marks Act, 1999 (‘the TM Act’). The main counter points by Kapil against my argument that the TM Act does not permit sub-licensing, as I understand, are listed below: The TM Act does not explicitly restrict the provision of sub-licensing clauses in an agreement between a proprietor and a user. Section 2(1)(r)(i) read…


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Others

SpicyIP Weekly Review (April 27 – May 3)


(This post has been authored by our intern, Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Divij covered the legal aspects surrounding digital access to libraries with reference to the COVID-19 lockdown. He notes that the legality of digital book-lending efforts have posed unresolved challenges to the copyright law in India. He notes that Indian copyright law incorporates the first sale doctrine, but the same has not been extended to the digital medium due to the ease…


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Copyright

US Supreme Court’s Decision on Copyrightability of Annotations to Official Code of Georgia: Can It Inspire the Access to Law Movement in India?


We are delighted to bring to our readers an insightful post by Dr. Arul George Scaria on the US Supreme Court’s recent decision in Georgia et al., v. Public.Resource.Org holding that annotations to the official code of Georgia are not copyrightable. In this post, he makes a case for the adoption of the government edicts doctrine by Indian courts to foster greater ‘access to law’ in India. Dr. Scaria is an Associate Professor of Law and Co-Director of the Centre…


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