IPAB directs IPO to accept national phase patent application originally filed with less fees

/ By / Uncategorized

In a recent decision issued by the IPAB, the Board in yet another excellent decision issued by Justices Sridevan and Parmar, has suggested to the patent office to implement a revised numbering scheme for applications.   The decision was issued in a case to direct the patent office to accept a national phase application filed with less than the prescribed fees.  (Decision).   In my view, the patent office has ducked a major issue for now: receiving extra fees from […]

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SpicyIP Events: MIP’s 2nd Annual India IP and Innovation Forum

/ By / Uncategorized

Managing IP will be holding its 2nd Annual India IP and Innovation Forum on March 7th, 2013 at Le Meridian, New Delhi. Please see more details below: “It is generally expected that despite economic difficulties in 2012, India is set to see a steady rate of improvement in 2013 where its business and innovation are concerned. Earlier this month a feature in the Financial Times stated that: ‘India’s prospects have now started to improve. Investors, economists and the government say

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New Unitary Patent System For Europe

/ By / Patent

On December 11, 2012, the European Parliament adopted two draft regulations on the creation of a new unitary patent system in Europe. The new unitary patent system, which is set to be introduced in 2014 has to be granted by the European Patent Office.  This unitary patent, which will coexist with the national patents as well as the classical European patent, will provide legal protection for the applicants in 25 member countries of the European Union through a single administrative

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Is there a need to break up the cartels in the radio – music labels negotiations?

/ By / Competition Law

Image from here One of the biggest Indian copyright litigation cases in the last decade has been the compulsory licensing battles between the radio and music industries. The newly founded private radio stations, in 1999, had wanted access to music and could not agree with the music labels on a reasonably royalty.  One aspect of this litigation which intrigued me is the negotiating positions adopted by both sides. In the two rounds of litigation before the Copyright Board, the radio

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Jailbreaking Sony Playstations To Be Illegal in India? – First Test of Newly Inserted S.65A of the Indian Copyright (Amendment) Act, 2012

/ By / Copyright

  In an order passed earlier this year, the Delhi High Court passed an ex-parte injunction against the defendants for circumventing Technology Protection Measures (TPM’s) in the Sony Playstation 3 and other Sony game consoles. Given that the order was granted after the Copyright (Amendment) Act, 2012 was passed (although prior to notification), this is the first case to legally recognise the introduction of digital locks in hardware or software to protect copyright in India.   Importantly, the defendants are

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Is the suit again the Registrar of Copyright maintainable under the law?

/ By / Copyright

Continuing from my earlier post today, available over here, I would like to briefly examine whether the lawsuit in question is even maintainable under the law as it stands.  To briefly recap, since August, 2012 there have been three rounds of litigation wherein music labels have sought judicial intervention to restrain the Registrar of Copyrights from carrying on an inquiry into the state of affairs at IPRS. They have managed to succeed in large measure by filing a civil suit

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Déjà vu for Akhtar – nightmare before Barasat Courts plays out once again – with a different ending?

/ By / Copyright

The infamous dispute between music labels and authors/composers before the Civil Judge at Barasat, which we had blogged about over here and here, has reignited once again.  I do not have access to most of the information in this case but from I understand, Javed Akhtar filed a complaint on 9th of August, 2012 with the Registrar of Copyrights regarding the state of affairs at IPRS. Thereafter the Registrar of Copyrights issued a show-cause notice to IPRS and I’m speculating

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Faking it! Indian Companies using IKEA’s trademarks

/ By / Trademark

 Though India’s foreign investment agency approved IKEA’s entry into India, new ‘trademarked’ obstacles await IKEA. As business standard reports, IKEA is now facing trademark related challenges. It was reported that three registered Indian companies are currently using IKEA’s brand name. The three companies mentioned in the report are – 1. IKEA Home Décor Private Limited (which, as the report states, has a registered trademark), 2. IKEA Constructions Private Limited and 3. IKEA Furniture Private Limited. Of the three, as reported,

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Latest In: Delhi HC bars Bisleri from using brand Maaza in India

/ By / Trademark

Source In a closely followed and rather interesting trademark dispute, the Delhi HC recently in a division bench order barred Bisleri International from using the trademark Maaza to market its products in India. Briefly revisiting the facts:  In 1993, Golden Agro Products assigned rights in a number of products(Limca, Thums-up..) to Coca Cola. The agreement contained a negative covenant that allowed Coca Cola to use the trademark Maaza only on products sold in India, and nowhere else. Golden Agro later

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Part II: Digitization- Growth trends of the Film and Television Industry: comparative analysis

/ By / Copyright

Contrary to the fears of digitization viewed as the harbinger of doom to the film industry, the global film industry is intact and continues to churn out thousands of films annually. The report stated UNESCO’s finding of increase in feature film production from around 5,600 films in 2005 to 7,200 in 2009 and recorded a total of 31,519 feature films produced globally between 2005 and 2009.[1] Regionally, the US produced around 700 films both in 2005 and 2009, Germany produced

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