Abuse of dominance: obtaining fraudulent ex parte interim injunctions for designs and copyrights

/ By / Others

A recent CCI order (here) exposes the many dangers of ex parte interim injunctions in relation to IP matters. JCB was held to be abusing its dominant position as it was misusing judicial processes to curb competition. Background Bull Smart Machines Pvt Ltd is a small scale industry engaged in manufacturing low cost loaders, a light construction equipment. Bull Smart filed a complaint before the CCI against JCB, India’s largest manufacturer of construction equipment. It was alleged that JCB was […]

Abuse of dominance: obtaining fraudulent ex parte interim injunctions for designs and copyrights Read More »

A Belated SpicyIP Weekly Review (10th -16th March, 2014)

/ By / Others

This week saw some interesting activity on SpicyIP as well as in the world of IP itself. We began with Gopika informing us about the WIPO-WTO colloquium for teachers of IP. The colloquium was opened to lawyers, researchers, university teachers and economists working in the field. She reports that there are twenty-two places in the colloquium for applicants from developing countries and countries with economies in transition whose travel, accommodation and subsistence costs would be covered by the organizers. Applicants

A Belated SpicyIP Weekly Review (10th -16th March, 2014) Read More »

Trademark Infringement of Labels and Logos: Which Colour Do You Chose?

/ By / Trademark

The respondents (Ricard) are world No.2 in the wines and spirits market, having an international presence in around 110 countries. The appellant (Real House Distillery) on the other hand, sell their alcoholic beverages only in the State of Goa. The respondents sell an anise flavoured aperitif (an alcoholic drink taken before a meal to stimulate appetite) under the label/logo “Ricard”.  The appellant claims it does not sell anise flavoured aperitifs under the label/logo “Real”. The respondent’s product is priced at

Trademark Infringement of Labels and Logos: Which Colour Do You Chose? Read More »

SEP licensing – lessons from France

/ By / Competition Law, Patent

A Paris Court, in a recent decision reported by EPPatent law blog) denied Ericsson’s request for a preliminary injunction on the ground that an injunction cannot be granted for standard essential patents (SEPs) when the parties to a proposed license agreement agree on geographical and technological scope of the license, but only financial terms remain to be agreed as an injunction would confer an unjustified advantage on the patentee.  My thanks to Véron & Associés, for making available online, the translation in English.

SEP licensing – lessons from France Read More »

Guest Post: Open Source in TN Govt

/ By / Copyright, Privacy

Kartik Chawla, a 2nd year student from Nalsar University of Law, brings our attention to a recent development wherein the Tamil Nadu State Government is considering installing a home-grown Open Source Operating System as one of the mandatory OSes in the various govt departments. In this post, Kartik notes that while a focus the affordability of Open Source softwares is evident, the government must also tread carefully with respect to possible security concerns. Open Source in TN Govt In a letter dated

Guest Post: Open Source in TN Govt Read More »

EU draft legislation on clinical drugs trials

/ By / Drug Regulation

European Union is expected to finalise and give formal approval to the draft legislation on clinical drugs trials on 02 April 2014. The draft legislation inter alia requires all trial data to be placed in an accessible database. It also specifies that study protocols and full clinical study reports should be made public after approval. As members deliberate on the legislation, European Court of Justice (“ECJ“) will emerge as the legal battle field between drug companies and European Medicines Agency (“EMA“), the

EU draft legislation on clinical drugs trials Read More »

SpicyIP Events: Colloquium on Selected IP Issues, NLU-D

/ By / Event

NLU Delhi brings us news of an exciting event happening at their campus tomorrow evening – a panel discussion on “Early Market Entry of Biosimilars in India: Implications of the Roche/Mylan Dispute”. Please see the invite attached below: Colloquium on Selected IP Issues The NLU Delhi Colloquium on Selected Intellectual Property Issues is a panel/ speakers’ series launched with an aim to generate a nuanced dialogue and to promote free-thinking on emergent issues in IP law, policy and theory. The current

SpicyIP Events: Colloquium on Selected IP Issues, NLU-D Read More »

AIDS Activists stage protest against Big Pharma at the Economist’s Pharma Summit 2014

/ By / Drug Regulation, Patent

The recently concluded Economist Events’ 20th Annual Pharma Summit held in London was witness to picketing and protests by AIDS activists demanding an end to Big Pharma’s interference in South African Patent law reforms. The theme of this year’s summit was ‘Reinventing Business Models and Markets’, which observed the challenges the pharmaceutical industry faced in the current climate and the future of life science innovation. Expectedly, the event was high profile and attended by Companies like MSD, Pfizer, Sanofi Aventis

AIDS Activists stage protest against Big Pharma at the Economist’s Pharma Summit 2014 Read More »

Guest Post: On the Need for Network Neutrality

/ By / Competition Law, Innovation, Others

Aside from a post (see here) that Prashant had written on it, network neutrality is a topic we’ve not often touched upon in this blog. In light of this, we are very glad to bring our readers a guest post on some recent developments in the network neutrality debate, by Kartik Chawla, an enterprising 2nd year at Nalsar University of Law. Network Neutrality The debate around Network Neutrality is a decades old debate, but it is not any less relevant for

Guest Post: On the Need for Network Neutrality Read More »

Guest Post: Heightened Pleading Standards for US Patent Cases?

/ By / Patent

We’re happy to bring our readers a post from a friend of the blog and one of our regular guest bloggers, Chris Ohly, a leading patent litigator in the US. This post concerns a recent US case that imposes heightened standards for pleading in complaints in patent cases. For those interested, Chris has also made available a more detailed version of this post along with related case materials here. As he states there, “Heightened pleading requirements will alter the course

Guest Post: Heightened Pleading Standards for US Patent Cases? Read More »

Scroll to Top