Google Launches Legal Music Search for India to Fight Piracy

/ By / Copyright

In a spectacular move, Google announced yesterday, the launch of a music service in India to help users search for legal online music streams and downloads. Our readers might remember a post from a week ago titled ‘Copyright Infringement is not Theft’. The post led to a rather passionate discussion in the comments section about the rampant piracy in India with some comments suggesting that people were just not willing to spend money on a legal purchase when they could […]

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Thou shalt be heard: says Bombay High Court in Patent Abandonment Case

/ By / Patent

A few months back, the Bombay High Court had passed quite an interesting judgment regarding procedural complexities in a matter involving a patent application filed by a Spanish University. Dated February 26, 2010, this matter (Writ Petition No. 1435 of 2007) had the Universidad Politechnica De Valencia (hereinafter the Petitioner) on the one hand and Union of India, the Controller General of Patents & Designs and the Assistant Controller of Patents (hereinafter collectively the Respondents) on the other. The Petitioner

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Delhi High Court raises the threshold for trademark dilution suits

/ By / Trademark

In a surprising, yet welcome, judgment, Justice Ravinder Bhat of the Delhi High Court has rejected a suit for trademark infringement, without a trial, on the ground that it fails to disclose an adequate cause of action, despite the fact that both trademarks involved were the same i.e. ‘Kamadhenu’, albeit for different goods. The Order can be accessed here. The word ‘Kamadhenu’, a word derived from Sanskrit is used to describe the ‘mother of all cows’ in Hindu mythology. The

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Madras High Court dismisses Dr. Wobben’s appeal against the IPAB’s Order

/ By / Patent

Thanks to Sumathi and the India Kanoon website, we finally have access to a Madras High Court Order which sheds more details on the ‘big-ticket’ Enercon patent litigation taking place before the Intellectual Property Appellate Board at Chennai. The value of the dispute should be in the neighbourhood of $1 billion dollars making it one of the highest valued patent disputes in the country, dwarfing even the pharmaceutical patents by a substantial margin. The Madras High Court order reveals that

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Madrid System & Indian trademark owners – Part II

/ By / Trademark

                                          ESSENTIAL CONSIDERATIONS WHILE FRAMING THE TRADEMARK STRATEGY  REAL AND EFFECTIVE PRESENCE Madrid System requires both the applicant and assignee to have real and effective industrial or commercial establishment in the office of origin and countries intended to be designated. Hence, Indian trademark owners can take advantage of the System only if it shows real and effective industrial or commercial establishment in member states where protection is sought using the System. The creation of Intellectual Property Holding Companies (IPHC) can

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Madrid System & Indian trademark owners – Part I

/ By / Trademark

                                 The Trademarks (Amendment) Bill 2009, which aims at bringing Madrid Protocol into force, has been passed by both Lok Sabha and Rajya Sabha. For more see here. However, India is yet to become a member of Madrid Protocol. [For the list of  members as on September 17, 2010, see here.] In the light of passage of Bill by both the houses of Parliament and Cabinel approval to accede to the Protocol, India’s entry into the Madrid Protocol is imminent.

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Updates : Asked not to dial- Just Dial accuses Askme of Data Theft

/ By / Uncategorized

Earlier this year, I had reported the legal tussle between Just Dial and Infomedia 18 Limited. Just Dial had accused Infomedia 18 of copyright infringement with respect to the valuable database which has been a result of the extensive research carried out for 14 years,as Infomedia 18 had substantially copied its database and was displaying the same on its website askme.in. The Delhi High Court recognizing the significance and seriousness of the breach allowed an ex parte injunction and restrained

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Reckitt Benckiser (India) Ltd. v. Wyeth Ltd – A War ‘designed’ to be prolonged further?

/ By / Uncategorized

A decision pronounced by a Division Bench of the Delhi High Court comprising of Justices Sanjay Kishen Kaul and Valmiki J. Mehta appears to have had a significant impact in the world of designs and intellectual property law. Delivered on October 8, 2010, this judgment, titled Reckitt Benckiser (India) Ltd. v Wyeth Ltd. (FAO(OS) No. 458/2009), had sought to dispose of an appeal filed by Reckitt, against a judgment by a Single-judge Bench, wherein Reckitt’s petition to obtain an injunction

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SpicyIP Events: Roundup and Calendar

/ By / Uncategorized

This is by way of a quick reminder to let you know of the bunch of IP-related events you can be attending across India over the next few weeks, wherever you are — October 2010 If you’re in Chennai or Kolkata later this month, you may want to drop by the INTA seminar on trademark strategies, details of which you can read here. The Chennai seminar takes place on October 29, with a team of speakers guaranteed to stir up

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Intellectual Property Conclave 2010 by CCH India and Fidus Law Chambers

/ By / Uncategorized

CCH India is organizing a one-day Intellectual Property Conclave in collaboration with Fidus Law Chambers on November 12, 2010 in Mumbai. It is for the first time that an IP event has been visualised that is entirely focused on the industry and highlights four disparate but hot IP issues to which the statutory and legislative domain often has no answers. IPC 2010 is a great platform in the Indian region where leading international IP practitioners business leaders, IP experts and

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