Royal Orchid Hotels scores a crucial trademark victory in its long running battle with the Kamat Group

/ By / Trademark

In a decision dated 18th June, 2013 a bench of the Intellectual Property Appellate Board (IPAB), has allowed the appeals filed by Royal Orchid Hotel Ltd. (ROHL), against the decision of the Deputy Registrar of Trademarks, to allow the oppositions filed by the Kamat Group to two trademark applications for the marks ‘Royal Orchid Hotel’ & ‘Royal Orchid’ in Class 42 i.e. the category of services. The order can be accessed over here.  The winning party was represented by M.S. […]

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Gillette receives Rap on the Knuckle by IPAB

/ By / Trademark

(Image from here)                                                          Case Name: M/s Gillette India Ltd. (hereinafter Applicant) v. M/s Harbans Lal Malhotra & Sons Pvt. Ltd. (hereinafter Respondent) and The Registrar, Trade Marks Registry. [IPAB Circuit Bench at Delhi: ORA/51 & 52/2005/TM/KOL AND M.P.No.392/2012 IN ORA/51/2005/TM/KOL] Date: June 21, 2013. Advocates: Hemant Singh (for Applicant) and Debnath Ghosh (for Respondent). Judges: Hon’ble Ms. S. Usha and Hon’ble Shri V. Ravi. Facts: The Applicant, an Indian subsidiary of a U.S. Company is seeking the removal of

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Guest Post: Novartis and Myriad: A Surprisingly Similar Tale of Access to Medicine and limits on Patent Eligibility

/ By / Patent

Smaran Shetty, final year student at NUJS and Editor of NUJS Law Review, has sent us this interesting guest post which explores the similarities between the recent US Supreme Court’s decision in Assn. for Molecular Pathology v. Myriad Genetics and Indian Supreme Court’s Novartis decision. For our previous coverage on both the cases, see here and here. Novartis and Myriad: A Surprisingly Similar Tale of Access to Medicine and limits on Patent Eligibility    By  Smaran Shetty On 1st April, the

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The makers of Malayalam reality show ‘Malayalee House’ sued for copyright infringement

/ By / Copyright

The Endemol group, makers of the popular Hindi reality show ‘Big Boss‘ have sued Sun TV, Vedartha Entertainment Pvt Ltd and other makers of ‘Malayalee House’ for copyright infringement. The suit has been filed by the Endemol group in the Bombay High Court on the grounds that their copyright on the production format of ‘Big Boss’ had been infringed upon by the makers of ‘Malayalee House‘.  Endemol is seeking an injunction against the makers of ‘Malayalee House’ in order to

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Introducing ‘Principles for Intellectual Property provisions in Bilateral and Regional agreements’

/ By / Uncategorized

I intend to introduce you all to the write-up ‘Principles for Intellectual Property provisions in bilateral and regional agreements’ (“Principles”) released by Max Planck Institute available here. The Principles recommends international rules and procedures that can achieve a better, mutually advantageous and balanced regulation of international IP. The Principles is open for signature [here] for anyone who shares the objectives. The Principles is divided into two parts: Part One – Observations and Considerations and Part Two – Recommendations. Part One – Observations

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Legalising the IPAB: The Madras High Court Vindicates!

/ By / Trademark

In an earlier post, we bemoaned the fact that an unconstitutional IPAB continues to surf the IP wave in India, rendering one IP judgment after another, despite being cocooned in a shell of structural illegality. Unfortunately our writ petition questioning all of us continues to languish at the Madras High Court without progress. Ammini Karnan vs IPAB   In a vindication of sorts, a Division Bench of the Madras High Court recently agreed with our assessment and opined that the

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India 66th on Global Innovation Index 2013

/ By / Innovation

The Global Innovation Index, released today, saw India ranked 66th this year – 2 ranks lower than their 2012 rank and 4 lower than its 2011 rank. The index, available here, is prepared by WIPO, Cornell and INSEAD with Knowledge Partners, Booz & Company, the Confederation of Indian Industry (CII), du and Huawei. As per their Press Release: “Despite the economic crisis, innovation is alive and well. Research and development spending levels are surpassing 2008 levels in most countries and

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Anarchy, Apathy and the IPAB: A Fervent Plea to the IP Community

/ By / Trademark

The Intellectual Property Appeallate Board (IPAB) is the cynosure of international eyes. Under the leadership of a much admired Justice Sridevan, it recently upheld a landmark compulsory licensing order involving an excessively priced cancer drug. And it continues to proffer bold jurisprudence time and again! Unfortunately, Justice Sridevan notwithstanding, this body is patently unconstitutional, rendering its orders legally suspect! We pointed this out in a writ petition two years ago. Despite our best efforts, the matter has simply not made any

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SpicyIP Weekly Review (June 2013, Week 5)

/ By / Uncategorized

In a historic development, the negotiators at the WIPO Diplomatic Conference at Marrakesh last week concluded the ‘Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities’. The draft text of the treaty is available here. Several civil society organizations who have relentlessly fought for the treaty since 2008 were in boundless joy with the news. The negotiations were intense and faced huge roadblocks from publishing lobby in US and EU. Readers can soon expect

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SpicyIP Tidbit: Update on Om Shanti Om Copyright Dispute

/ By / Copyright

We would like to thank our readers who brought to our notice certain updates with regard to the Om Shanti Om copyright case (here). As informed, the case has been restored as of June 18, 2013. The High Court order restoring the same is available here. Reportedly, the cause for delay in filing evidence and documents was due to certain personal difficulties Monga’s lawyer was facing. The case has been placed for ‘directions’ on July 17, 2013.

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