EBC granted injunction against Lexis Nexis for infringement of copyright

Last month we had blogged about the interim injunction granted in favour of Eastern Book Company (EBC) restraining Thomson Reuters (including Westlaw and Indlaw) from infringing the copyright in their law report Supreme Court Cases (SCC). In a further development, EBC has now been granted an interim injunction against LexisNexis India (including LexisIndia) and Butterworths by an order dated 22 September 2012 issued by the District Judge of Lucknow.   As with the previous order the court held based on […]

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Novelty of Design: Tarun Sethi v. Vikas Budhiraja

Name of the case: Tarun Sethi & Ors. v. Vikas Budhiraja & Ors. [Delhi High Court CS(OS) 1841/2008] Date of judgment: August 6, 2012 Bench composition: V.K. Jain, J. Facts of the case: Plaintiffs 1 & 2 were running a partnership firm manufacturing and selling hardware like door closers, spring hinges, etc. One of these products is a door spring being sold under the trademark ‘YEN’. As per the plaintiffs, the design of the spring, consisting of a unique capsule

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Guest post: Jannat 2 – Producers far from Angelic

We bring you another exciting guest post by Kruttika Vijay on copyright issues arising from the movie Jannat 2. The facts of the case, Kapil Chopra v. Kunal Deshmukh, could well be the plot of any successful Hindi movie. [editor’s note: The case is available here] Spoiler alert! A young scriptwriter narrates script to a well known film house. The film house shows interest in the script. And then there’s silence. A year later, there are promos of a new

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SpicyIP Weekly Review (September Week 4)

A two-judge bench of the Supreme Court earlier this month made critical remarks on the government’s failure to finalize the drug policy pending since 2003, calling it a ‘slur on the face of all stake-holders’. Following this, the Group of Ministers held meetings to consider a retail pricing mechanism for essential drugs. It was agreed that the prices of 348 drugs set out in the National List of Essential Medicines (NLEM) will be covered under the policy. The drug policy is vital

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Access to Knowledge Platforms and Collaborative Ventures starting to get their due?

(Image taken from here) “It is no good to try to stop knowledge from going forward. Ignorance is never better than knowledge.” –The thinker who’d come up with these immortal words, Enrico Fermi, would have been glad to hear about the current tidings in India, vis-à-vis ventures relating to access to knowledge. In the past few days, as many as three separate events have caught the eyes of the Spicy IP team that promises the development of a promising new

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FICCI announces online IPR course on pharmaceutical research (CCIPR)

  Federation of Indian Chambers of Commerce and Industry (FICCI) has started an online certificate course on IPR and pharmaceutical R&D (CCIPR). The objective of the course is to provide a platform to understand the working of pharmaceutical industry, its business models, research, regulatory aspects and its relevance with respect to intellectual property rights. This is a first of its kind of course introduced with specific focus on the interlinking between the pharmaceutical industry and IPR. The course is of 6 months duration and

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GoI criticised for failing to finalise the drug policy

The Supreme Courtcriticised the government for failing to finalise the drug pricing policy which has been pending since 2003. [For Deccan Herald (“DH”) news report, see here] According to DH, the Court remarked that the issue which has been pending since 2003 was a “slur on the face of all stake-holders”. The Additional Solicitor General Sidharth Luthra reportedly submitted that the Group of Ministers (“GoM”) which discussed the proposed drug policy in its meetings could not arrive at a final

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SpicyIP Weekly Review (September Week 3)

Notable developments in India 1. Kruttika Vijay, an ex-blogger at SpicyIP wrote a guest post on an important design case involving Whirlpool and Videocon. The specific design aspect was a washing machine which had a rectangular shape on one side and a semi-circular shape on the other with a jettisoned panel for the knobs. The court found that the design could not be invalidated despite arguments being advanced that it was not novel and had previously been published. Using the

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Guest Post: Will the amendments to the Copyright Act serve their purpose?

Arun Mohan, a practising IP lawyer before the Madras High Court sent us this interesting piece exploring the possible complexities in enforcing the recent amendments to Indian copyright law and also the larger question of whether the amendments will serve their purpose? Guest post: Will the amendments to the Copyright Act serve their purpose? by, Arun Mohan Many an IP lawyer representing the entertainment industry would have spent several hours grappling with the new Copyright Act, and its consequences. In

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Guest post: Whirlpool v. Videocon

One of our former bloggers, and my former classmate Kruttika Vijay, has returned to us with a guest post on a topic that has not received much attention here. After graduating from Nalsar University in 2009, she worked at Anand & Anand for a few years, and has now just begun her LLM degree at Stanford University. Hopefully, she says, this will be the first of many more guest posts by her in this coming year. Pictured above: Not Whirlpool’s registered

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