Trademark

RPG Enterprises v. Riju Ghoshal: Bombay High Court Looks at Sections 29(4) and 29(5) of Trade Marks Act


We’re pleased to bring you a guest post by Ujjawal Bhargava on a recent order from the Bombay High Court in the matter of RPG Enterprises v. Riju Ghoshal and Anr, dealing with well known marks, and infringement under the Trade Marks Act, 1999. Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. RPG Enterprises v. Riju Ghoshal: Bombay High…


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Others Trademark

Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection


In January, the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. While the case has been settled, it provides an interesting example of how the boundaries of trademark protection are often tested by claimants seeking the enforcement of their rights. Background The case…


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Copyright

News and Views: Copyright Hues and Authors’ Dues


We’re pleased to bring to you this guest post by our former fellow Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here, here, here and here. News and Views: Copyright Hues and Authors’ Dues  Aparajita Lath Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for…


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Opportunities Patent

Webinar on ‘Is the Leaked TRIPS Waiver Text a Loss for India?’ [March 30]


We’re pleased to inform you that Jan Swasthya Abhiyan (JSA), People’s Vaccine Alliance (India) and Campaign for Access to Medicines, Diagnostics and Devices (CAMD-India) would like to invite you to a webinar on “Is the leaked TRIPS Waiver text a loss for India?” to discuss the critical issues in the leaked text on 30th March, 2022. For further details, please see the announcement below: Webinar on ‘Is the leaked TRIPS Waiver text a loss for India?’ The World Trade Organization…


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Copyright

Delhi High Court Revives PPL’s Copyright Society Registration Application, Sets Aside Registration of RMPL


The seemingly never-ending saga of copyright licensing societies in India has taken a fresh turn after the Delhi High Court (through Justice Yogesh Khanna) in its judgement of March 9, 2022, accepted Phonographic Performance Limited’s (PPL) Writ Petitions directing the Government of India to reconsider PPL’s application for registration as a copyright society, and accordingly, to set aside the registration of Recorded Music Performance Limited (RMPL) as a copyright society for sound recordings. We have previously written about the PPL/RMPL…


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COVID-19 Patent Trade Secret

The Quad discussion group’s compromise falls short of a comprehensive TRIPS waiver


Text saying Compromise

As readers would know, the TRIPS Waiver proposal at the WTO regarding Covid vaccines and treatment, has been discussed ad-nauseum for more than a year now, with very little actual progress. Roshan John brings us an interesting update from a closed-door discussion between EU, India, South Africa and the United States, based on some leaked text that appears to be a draft document outlining a potential compromise / way forward. Roshan is a lawyer and works on trade and intellectual…


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Copyright

Guest Post: Press Publishers’ Rights In Indian News Media Digital Space


We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE. Her areas of interest are Information Technology law, Intellectual Property law, Media & Communication Law, and human rights law.   Introduction The economic health of the traditional news media and publishing industry has deteriorated over the years, which is concerning for the…


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Others

South African Competition Commission on excessive pricing of breast cancer treatment drug


On 8 February 2022, the Competition Commission of South Africa filed a referral with the Competition Tribunal for prosecution of Roche on alleged excessive pricing of its breast cancer treatment drug, Trastuzumab. The Commission cited contravention of Section 8(1)(a) of the South African Competition Act. “8. Abuse of dominance prohibited (1) It is prohibited for a dominant firm to— (a) charge an excessive price to the detriment of consumers or customers; …… (2) If there is a prima facie case…


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Trademark

Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others


Logo of Renaissance Hotels on the left, and Sri Renaissance on the right

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others Sangita Sharma Are Sangita and Zai Sangita identical or similar? How does one differentiate…


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Innovation Patent

How Much For That IP System? South Centre Report Suggests Developing Countries Pay Quite the Price


In the discussions around IP, trade and innovation, it has often been pointed out that least developed countries and developing countries are frequently the net importers of technologies, while the developed countries tend to be net exporters of technologies. This is a point that is especially relevant when discussing the problems with ‘one-size-fits-all’ approaches to globally harmonized IP regimes (see for example, this post on a Report on Patent Exclusions). An interesting new report (available here) published by South Centre…


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