Competition Law Innovation

iPhone and Antitrust Implications: US vs EU vs India


To continue our fascination with the iPhone (see Aysha’s earlier post), I picked up an interesting news item pertaining to the antitrust implications of Apple’s exclusive deal with AT&A (Cingular). If this issue cropped up in Europe, I could bet a thousand horses that the EC Commission will be far more likely to clamp down on the deal and hold that the “exclusivity” agreement between Apple and AT&T violates EU competition law norms. The EC is much more intrusive than…


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Uncategorized

Exponential damages in Walt Disney civil suit


Disney Enterprises, Inc. & Anr. v. Jitendra Aggarwal & Ors.;C. S. (OS) No. 175 of 2006 before the High Court of Delhi A rather unique order was passed on 13th July, 2007 by the High Court of Delhi in a case of counterfeiting of Walt Disney characters by a party who was reproducing them on labels which were then being affixed on baskets and sold in the market. At the first instance it may be pointed out that Disney Inc….


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Patent

Update on the Super Basmati.


Pursuant to my earlier blog on the Super Basmati, I received queries and clarifications on the patent status On probing and analyzing the issue, I find the Pak allegation that India has filed a patent has trickled down from the Pakistan media and found its way into the Indian Press room. The Indian media(and to some extent I) has quoted them verbatim and fanned the issue without any independent verification On checking the Big Patents Database compiled by Prof. Bhaven…


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Trademark

Genome Valley Bags Certification Mark


Chandrabbau Naidu, the Ex-Chief Minister of Andhra Pradesh can wear the moniker ‘Biotech Babu’(‘Babu’ is the Indian honorific for a senior officer) with aplomb and pride. Having spearheaded the Bio-Renaissance in the state, that placed the City of Hyderabad on the Biotech world map, the State ,thanks to the Babu ,has become the forerunner in producing cutting edge innovation and R&D in the fields of bio-all. Bio-all that encompasses the field and flurry in the areas of bio-informatics, medics, agriculture…


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Copyright Trademark

COPYRIGHT OVER FILM TITLES?


An excellent summary of a recent decision dealing with copyrights over film titles from Manisha Singh, Partner at Lex Orbis, one of the prominent IP law firms from India (as extracted from an IBA newsletter). The decision seems a sound one–as I can’t imagine a court protecting a mere new title as a “literary work” or as operating as a trademark (particularly when it is a new film that hasn’t been advertised for long or is not part of a…


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Uncategorized

Urmi Juvekar Chiang v. Global Broadcast News Ltd. and Anr.


If the caption does not a ring a bell it is probably because most popular newspapers have not been covering this matter. There are of course a number of reports on the facts of the case on the internet (See for example, here, here and here) but I haven’t so far come across any analysis of the law relevant to the case. This is probably because the judgment itself is very hard to get a hold of. Thanks to my…


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Patent

Super Basmati to the Fore!


Yet another Basmati bombshell is in the offing! The Basmati –patent saga continues and this one comes from right across the border. Pakistan all set to challenge the Indian patent of the Super Basmati, a fresh round of ‘rice diplomacy’ is expected. The Indian Basmati having passed through a phase of protracted wrangling to wrest the Indian grain from the patent pirates, it is turn the turn of the Super Basmati Rice to be embroiled in a battle to establish…


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Patent

JC BOSE, WIRELESS TECHNOLOGY AND PATENTS


I’d blogged earlier on India’s contributions to mathematics. As some of us are aware, it wasn’t just in mathematics, but in several other areas of technology that Indian accomplishments are overlooked in standard text books and literature. In fact, in ancient India, scientific breakthroughs range from references to astronomy in the Rig Veda to Shushruta’s trysts with plastic surgery. This note captures Shushruta’s brilliance: “The practice of surgery has been recorded in India around 800 B.C. This need not come…


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Emerging Issues in G.I:Muga Silk@ Assam


Emerging Issues IN G.I: Muga Silk@ Assam. Environmental Concerns cloud the Muga Silk Industry of Assam. ‘Round and round the mulberry bush’, sing children in praise of the fine art of silk weaving. If only it were so simple to weave silk by going round the mulberry bush, we would all be clad in the finest of silks fit for the king. And if royalty were to indulge their tastes, it would be nothing less than the Muga Silk of…


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Uncategorized

Ancient India and Maths


Something that we in India already knew about. Naomi Canton from the Hindustan Times writes: “Indians’ contribution to the development of mathematics has largely been swept under the carpet in global history books. But a BBC crew, led by an Oxford professor, was in the country last week to film a documentary revealing Indians created some of the most fundamental mathematical theories. The West has always believed that Sir Isaac Newton, famous for developing the laws of gravity and motion,…


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