Part I: Gandhi Rice Trademark opposition filed in Ecuador

/ By / Trademark

As promised in an earlier post we bring you a detailed analysis of the Gandhi trademark opposition filed in Ecuador by Lalit Bhasin. This post has been divided into two parts: Part I will deal with the issue by analysing provisions of Indian law and in Part II we will look at provisions of Ecuador law and their bearing on the issue. Background According to a news report Bhasin has filed an opposition in his personal capacity to a request […]

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Radio Broadcasters Receive Favourable Treatment in Copyright Amendment Bill

/ By / Copyright

As members of the Rajya Sabha get set to debate the provisions of the Copyright (Amendment) Bill, 2010, there’s one issue that is sure to come up in the course of the discussions. With the HRD ministry narrowing the definition in S.31D (relating to statutory licensing) to include only ‘radio broadcast’ and excluding television broadcasts, television networks are up in arms and are expecting a reasonable explanation for the exclusion, when the bill is debated in parliament.  The earlier provision

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Wikileaks on IP related negotiations between India-US

/ By / Patent

Jamie Love over at KEI has brought to light a Wikileaks cable that may be of interest to our readers. In this post, I’ll highlight a few of the key IP issues that were discussed in this cable. The cable, dated Nov 09, 2009 refers to a meeting between United States’ Trade Representative Ron Kirk and Anand Sharma, the Cabinet Minister for Commerce and Industry of the Government of India, to reactive the trade policy forum between the two countries. The

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Guest Post: Reliance Entertainment gets yet another ‘John Doe’ order from the Delhi High Court

/ By / Copyright

I’m pleased to bring to you yet another guest post from our guest blogger – Tania Sarcar a recent graduate from NUJS, Kolkata.       Reliance Entertainment gets yet another ‘John Doe’ order from the Delhi High Court By, Tania Sarcar Reliance Entertainment has recently announced that the Delhi High Court has granted it a ‘John Doe Order’ to prevent the illegal broadcast or streaming of its upcoming film, ‘Bodyguard‘, which stars Salman Khan and Kareena Kapoor as the

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A clarification on the ‘single window’ copyright societies

/ By / Copyright

In my last post I had stated that the amendments to the Copyright Amendment Bill, 2010 would now allow for only for one copyright society to subsume the functions of both IPRS and PPL. As pointed out in the comments section to my last post, such an interpretation may not be entirely accurate. The amendment would allow IPRS and PPL to continue their businesses separately provided that they re-register themselves. Having said that I don’t think that there is any

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A first look at the ‘Amendments’ to the ‘Copyright Amendment Bill, 2010’

/ By / Copyright

Thanks to Shamnad, we now have a copy of the ‘Amendments’ being moved by Minister Kapil Sibal to the ‘Copyright Amendment Bill, 2010’. The amendments are accessible over here. Most, though not all, of these amendments are based on the report of the Standing Committee which we have blogged about here. I’ve identified the most important amendments below: (i) The ‘parallel imports’ clause: It had been reported in April of this year that the ministry was thinking of dropping the

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Practice Pointer Series: Commercial Evaluation, An Integral Part of Out-Licensing

/ By / Uncategorized

Tarun Khurana, one of our frequent guest bloggers, has sent us a practice pointer related to commercial evaluation.  This post would be useful for patentees, applicants and attorneys as Tarun provides an excellent overview of diligence both prior to and post patenting by providing specific cases.  (Warning: Long post follows). Working in Technology Transfer and IP Out-Licensing domain makes one assess and evaluate commercial viability of numerous IP backed innovations across technology domains.  This evaluation helps appreciate that apart from

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News on ‘intellectual property’ from Parliament

/ By / Uncategorized

The much anticipated debate on the Copyright Amendment Bill, 2010 had to be postponed till tomorrow on account of Minister Sibal not being present when the Bill was called out today. The Chairperson has scheduled the debate for tomorrow. The Minister for Law & Justice, Mr. Salmand Khurshid however initiated a discussion, today, on ‘The Commercial Division of High Courts Bill, 2009’. This debate will continue tomorrow. Interestingly the very first intervention made by the Leader of the Opposition Mr.

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Rajya Sabha to vote on radical judicial reforms for high value IP disputes

/ By / Uncategorized

The Rajya Sabha is scheduled to debate and vote on the “Commercial Division of High Courts Bill, 2009” on the 29th of August, 2011, after it concludes voting on the Copyright Amendment Bill, 2010. The Commercial Division of High Courts Bill, 2009 seeks to transfer to the High Courts all high-valued commercial disputes valued at Rs. 5 crores (US $ 1.2 million approx). The ‘radical reform’ that this Bill seeks to bring about is with regard to procedure. The Bill

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Rajya Sabha to debate and vote on the Copyright Amendment Bill tomorrow

/ By / Copyright

The Rajya Sabha is scheduled to take up the Copyright Amendment Bill, 2010 on the 28th of August, 2010 i.e. tomorrow for a debate followed by a vote. The ‘List of Business’ available on the website of the Rajya Sabha states that the Government is seeking a debate and voting on 4 Bills tomorrow. The Copyright Amendment Bill, 2010 is third on the list and if the House is not adjourned tomorrow, it should sail through the voting process. The

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