SpicyIP Questionnaire on Interim Injunctions: Is it time for change?


I’ve been assisting Shamnad, for some weeks now, on a paper which attempts to examine the issue of interim injunctions in suits involving patent rights. The matter is of special importance in suits for patent infringement because patent rights are available for only a period of 20 years and since it would take Indian courts more than a couple of years to decide the case it is necessary that we have an effective mechanism for granting interim relief. However at…


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Innovation

Perspectives on the Promotion of Innovation


The link between traditional IP protection and innovation has been coming under greater scrutiny. On this blog too, there has been a good deal of discussion on this aspect. To give a few instances, Mr. Basheer in an interview to the Hindu (about which he wrote a post here) articulates concerns about formal IP systems actually promoting innovation.An anonymous reader had pointed out in the comments to another post dealing with the Indian Bayh-Dole: “… Thus, heavy-duty IP protection has…


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Drug Regulation Patent

Breaking News: Court Orders Indian Drug Controller to "Police" Patents


I was rather perturbed to learn of a recent Delhi High Court decision which clearly transgressed existing laws/regulations by forcing a linkage between patent and drug regulatory issues. In particular, it directed the Indian Drug Controller (DCGI) to don the mantle of a “patent policing” authority by ensuring that regulatory applications submitted by generic manufacturers do not violate patent rights of originator companies. Readers may recollect an earlier post, which warned against burdening the drug controller with such a patent…


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Patent

New Year Wishes: The Dawning of a "Collaborative" Era


This comes a bit late–but, as they say, better late than never. Here’s wishing all our readers a wonderful New Year ahead. We have much to thank you for. Amongst all the New Year greetings received, the one that really stood out for me was one from Ms Anuradha Maheswari, who runs the Institute of Intellectual Property Studies (IIPS), a wonderful IP academy that does a lot to improve the lot of IP education in this country. She quotes Kahlil…


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Copyright

Ghajini vs Fudgini: Whither Originality?


We bring you a guest post from Nikhil Krishnamurthy, a leading Indian copyright lawyer and someone who’s already blogged with us earlier. He comments on a recent Bollywood movie, Ghajini that appears to be raking in the moolah, and more noteably, has been in the news in relation to a copyright infringement claim against it before both the Madras and the Mumbai High Courts. The claims in both these suits are not entirely clear to me. Are these related suits…


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Innovation Patent

Informal Innovators: Any Good Hearted Patent Attorneys?


Given an earlier post on “Informal Innovation”, I thought it quite fitting to share with you an email that I’d received from an “informal” innovator. “Dear Sir,Basically I am very small business man doing business related to septic tank installation work in Dehradun (Uttrakhand). I innovated a new idea, where the efficiency of septic tank can be enhanced. I contacted to National Innovation Foundation (NIF) to help me to get patent of my invention but they told that they only…


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Copyright Innovation Patent

Creating ‘Informal’ IP Norms


In an earlier post, I touched on something called “Informal IP Norms”. I have attempted to flesh this out a bit more in this Mint editorial. Much more needs to be done in this regard– and this is just a tentative thought. As always, I greatly welcome your comments/insights/critiques on this theme. (Image from here) Creating ‘Informal’ IP NormsCurrent intellectual property (IP) regimes are excessively formalistic in their orientation. Not too surprising, given that their creation and sustenance has largely…


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Copyright

Drawing the line between Copyrights and Designs


A recent decision of a Division Bench of the Delhi High Court, Rajesh Masrani v. Tahliani Design presents an opportunity to highlight certain issues arising from the interaction between copyright and design protection. The facts: The Plaintiff, a private limited company under the “creative leadership” of fashion designer Tarun Tahliani, had alleged that the drawings which it made in the course of developing garments and accessories were artistic works under Section 2 (c) (i) of the Copyright Act. The patterns…


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Death of the ‘six year rule’ in Indian patent law jurisprudence


The birth of the rule: In the 1965 case of Manicka Thevar v. Star Ploughs the Madras High Court laid down a rather doubtable proposition of law. In this case the plaintiff had requested the Court to grant it an interim injunction restraining the alleged infringer from infringing on his patent. While deciding the case the Court held that it would not grant an interim injunction in those cases where the patent was a recent one and where its validity…


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Copyright

Merry Christmas from SpicyIP: Some Thoughts on the "Grinch"


Dear Readers, Here’s wishing you a merry Christmas and a fabulous New Year ahead. We’ll be bringing you some additional features in the New Year–so please stay tuned. And in the meantime, here’s a story that connects up IP and Christmas, and one that I picked up from Manon Ress’s posting on the wonderful A2k (Access to knowledge) listserve hosted by KEI. Of course, the writer misses some of the finer nuances in our exotic IP jurisprudence—for e.g., the domain…


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