Legal Education in India. Evolution of Phase 3?


For those of you interested in legal education in India and reforms in this regard, I have a post out at “Law and Other Things”, another blog that I contribute to. To access this post, please see here. I start by noting: “I recently joined the National University of Juridical Sciences (NUJS), Kolkata, ranked as one of the top five law schools in India (along with NLS (Bangalore), Nalsar (Hyderabad), NLIU (Bhopal) and NLU (Jodhpur)). Many friends and well wishers…


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Copyright

Where do I file my suit?: Jurisdictional issues in IPRS v. Sanjay Dalia


Our readers will remember that in September we had reported about the reference made by Justice Bhat with respect to the important question of jurisdiction in the Banyan Tree case. While that reference made to the Division Bench is now underway, yet another decision from the Delhi High Court has come to our attention examining the same, basic question of jurisdiction. In IPRS v. Sanjay Dalia, the Delhi High Court was faced with a question of alleged public screening of…


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Glivec and Selection Patent


IPAB (Intellectual Property Appellate Board) has begun hearing the Glivec case. Please read Prashant’s post here. One of the arguments, by the Novartis’s counsel, makes reference to an article on selection patents with respect to section 3(d), which is interesting and relevant also. In practice only a few chemicals compounds from a class, comprising several related chemical compounds, are tested for their use as an active ingredient in a commercial product. Grant of a patent for the whole class may…


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Patent

Feroz Ali Khader publishes his second book: The Touchstone Effect – The Impact of Pre-grant Opposition on Patents


I’m happy to announce that Feroz Ali Khader, author of The Law of Patents – With a Special Focus on Pharmaceuticals in India, is releasing his second book today. Titled The Touchstone Effect – The Impact of Pre-grant Opposition on Patents and published by LexisNexis – Butterworths Wadhwa the book is priced at a very affordable Rs. 295 and can be ordered online at this link, with the publishers charging only one rupee as delivery charges. As with his previous…


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Patent

A Googly From the Madras High Court


Parties, Forum and DecisionPlaintiff/Patentee/Registered Proprietor of the Design: A.R.SafiullahDefendants: Daniel, Indira Daniel, Rajapudeen and MariappanForum: High Court of MadrasDecision: Ad interim injunction against the defendants for design infringement upheld, non-grant of ad interim injunction against defendants for patent infringement confirmed Details of the Patent and the Technology InvolvedTitle of the Patent: Food-grade laminated paper, method and apparatus for manufacturing the laminated paperPatentee: A.R.SafiullahPatent Number: 198079 (in para 3 of the judgment, it states 189079)Date of Filing: 29th August, 2000 (the…


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Kolkata Patent Office Meeting: No "Technical" Software Patents


The last round of the stakeholder’s meeting to discuss issues around the patent draft manual concluded on 22nd of November in Kolkata. Since I am now based in Kolkata, I had the good fortune of attending this meeting and witnessing the interactions first hand. It was reasonably well attended, with the majority of the audience from Kolkatta based law firms. It was chaired by Mr NN Prasad, named by MIP as one of the 50 most influential IP figures this…


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On the Mumbai attacks


We wish to give our heartfelt condolences to the relatives of the deceased and the injured from the Mumbai attacks that started more than 36 hours ago and are still going on. Here at SpicyIP, we hope that at least this incident has been hideous enough for those in a position of responsibility to finally stand up and do more than merely condemn the attacks and ensure that terrorism is something that the common man no longer has to worry…


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SpicyIP Event: Training Courses by NIIPM, Nagpur


In line with their efforts to raise awareness about Intellectual Property Rights in India, the National Institute of Intellectual Property Management (NIIPM) is conducting a series of Training Courses at Nagpur in the month of December., the details of which are mentioned below. These courses run from 9.30 am – 5.30 pm and are open to any interested person 1. A 2 day Training Course on Patents, Designs, Trademarks and GI from 15-16th December. 2. A 1 day Training Course…


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Trademark

Delhi HC: No ‘Confusion’ for Dilution under Section 29(4)


A recent decision of a Division Bench (Justices Vikramjit Sen and Bhayana) of the Delhi High Court in Ford Motor Co. v. C.R. Borman is perhaps the first decision to examine the concept of dilution in Section 29 (4) of the Trademarks Act, 1999. The decision is particularly important for its holding that ‘dilution’ under the Section does not require a finding of confusion. Generally, a trade mark can be infringed only by a person who uses an identical or…


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SpicyIP Tidbits: WIPO rules in favour of re-seller’s right to use a trademark as a domain name


In a significant ruling , in regards an internet domain name dispute under the UDRP, the WIPO Arbitration Panel held that even an unauthorized re-seller had the right to use the manufacturer’s trademark, not owned by the re-seller, as a domain name, provided that the re-seller in question had a legitimate business interest. In an earlier 2001 case of Okhri Americas the Panel had ruled similarly but with respect to the rights of an authorized re-seller.  The facts of this case are…


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