Trademark

Delhi High Court considers questions of IP Jurisdiction in Banyan Tree case: Omnipresent or still rooted??


Just when Indian IP started to move towards complex questions and policy decisions, the Banyan Tree case heard by the Delhi High Court comes along to address basic questions of jurisdiction. The case revolves around the decision of the appropriate forum for a case to be heard in the cases of jurisdiction where the cause of action lies on the World Wide Web. The case that was brought before Justice Bhat of the Delhi High Court is straightforward, and the…


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Copyright

DRMs for Games too


A recent post by our friends at IPKAT on games + DRMs (Digital Rights Management) piqued my curiousity and had me heading towards google for more information on the topic (A few months ago, SpicyIP carried a post on DRMs as well). As it turns out, gamers are reacting very strongly against a move by Electronic Arts to incorporate a new DRM copyright protection system in their new game “Spore” which doesn’t allow more than 3 installations of the game….


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Trademark

Barry Trotter, Hairy Potty & the Free Speech Defense to Trademark Infringement


Over the last week or so Sumathi’s incisive posts, on the issue of Warner Bros suing the makers of Hari Puttar for trademark infringement, have had me thinking over some of the issues associated with parodies. Over the years J.K. Rowling’s Harry Potter series has spurned more than its fair share of literary parodies. In fact Wikipedia has a full article dedicated to the various parodies of Harry Potter. The ones that caught my attention were Barry Trotter and The Shameless…


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India’s Bayh Dole Bill: A Stitch in Haste Leads to Waste


SciDev.Net (Science and Development Network), a not-for-profit organisation dedicated to providing reliable and authoritative information about science and technology for the developing world, commissioned me to write a short note on India’s Bayh Dole bill, which I reproduce below. We’ve been tracking this bill for a while now, and despite our best efforts (and those of several leading journalists in India who have covered this issue), the government continues to keep this bill a “secret”. Indian patent bill: Let’s not…


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Patent

J Mitra v. Controller of Patents: Patently Confusing!


The Business Standard carries a report on a case (J Mitra & Co. v. Asst. Controller of Patents SLP No. 15729 of 2008) that Shamnad had brought to my notice some time back… I’m therefore clubbing my analysis of the case with the report: The facts of this case are best understood in tabular form (given the number of dates involved). In short however, the facts are as quite simple. J Mitra filed for a patent and after the patent…


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Trademark

Hari Puttar: the saga continues


Arguments in the Hari Puttar/Harry Potter case have been continuing over the past three days. The plaintiffs (Warner Bros.) have ended their arguments, and the defendants (Mirchi Movies et al) began on Thursday. A brief overview of what has ensued thus far follows. The petitioner’s case, as pointed out in a response to comments made in the previous post, is on grounds of the doctrine of Initial Interest Confusion. The general doctrine is premised upon ‘the use of another’s trademark…


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Trademark

Mere filing does not constitute Cause of Action in Passing off


In a recent dismissal (5th Aug) of an application for Special Leave to Appeal, the Supreme Court has made it clear that the mere filing of an application for registration of a Trade Mark does not constitute cause of action in a suit for passing off. The appeal [K. Narayanan and Anr. v. S Murali, Civil Appeal Nos. 4480-4481 of 2002] was filed against the decision of the High Court of Madras on the 18th of April, 2002. The facts in brief…


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Uncategorized

The Public Funded R&D Bill: Does India Need a Bayh Dole – II


“What are the constitutional obligations on the State when it takes action in exercise of its statutory or executive power? Is the State entitled to deal with its property in any manner it likes or award a contract to any person it chooses without any Constitutional limitation upon it?” What are the parameters of the statutory or executive power in the manner of awarding a contract or dealing with its property?” — Justice Bhagwati in R.D Shetty v. Airport Authority…


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Novartis "Glivec" Case: Supreme Court In Favour of a "Technical" IPAB


Joe C Mathew, a leading pharma/patent analyst with the Business Standard has this very interesting account of the Supreme Court proceedings in the Novartis case. He notes in pertinent part that: “The Supreme Court on Tuesday suggested that the Centre should consider having an expert member on the Intellectual Property Appellate Board (IPAB) that reviews decisions of the Indian patent office. Hearing the case, Justice SH Kapadia and Justice B Sudershan Reddy suggested that the central government should consider the…


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SpicyIP Tidbit: The G.I juggernaut Rolls On


The Confederation of Indian Industries (CII) in association with the USPTO will be organizing a number of road shows between the 3rd and 30th of September aimed at promoting awareness of the G.I rights. The first of such shows will be held in the tribal areas of the North East, Kota and Bhubhaneshwar These road shows on GI will be a first of its kind in the country and will help to reach out to Various Stakeholders of Geographical Indication…


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