MHRD IP Chair in NLU Jodhpur presents IP Roundtable Symposium

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The followers of Spicy IP may be pleased to know that a two-day roundtable symposium on ‘The Emerging Legal and Policy Landscape of Intellectual Property Protection for Pharmaceuticals in India’ is going to be held at the National Law University, Jodhpur on March 17 and 18, 2012. The symposium is the product of a joint effort by the Ministry of Human Resource Development (MHRD) Chair on IPR at NLUJ and the University Grants Commission (UGC). Among other contemporary issues, the […]

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When Tilda had to rescue ‘Basmati’ from a Thai corporation

/ By / Trademark

Sometime ago IPKat had carried this interesting post on a decision of the General Court sitting in Luxembourg, in the case of Tilda Riceland Pvt. Ltd. v. Office for Harmonisation in the Internal Market (Trade Marks & Designs) (OHIM). We somehow missed it but as they say better late than never.  The basic facts of the case are quite simple. Siam Grains Company Ltd, a company incorporated in Thailand, had filed a trademark application, in 2003, with the Trade Marks

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Allowing multiple claim styles may fill IPO coffers;increase understanding of the invention

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In a previous post, I had discussed a Controller’s decision, where the Controller had made certain  observations regarding an applicant’s attempts to amend claims before a certain date. This post suggests two specific policy level changes that may be brought in by amending the rules, (rather than the patents act), to benefit the applicants, the patent office, and the exchequer/public at large. The Controller had made certain observations (highlighted below in quotes), and in my view if that is the

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Breaking News: India’s First Compulsory License Granted!

/ By / Patent

The much awaited Bayer vs Natco compulsory licensing (CL) order in relation to Bayer’s patented anti cancer drug (Nexavar) is finally out. Controller General Kurian issued the order on 9th March 2012, but it was uploaded on the IPO website only today, minutes prior to his leaving office. Apart from the issuance of what will rate as India’s first compulsory licensing decision (patents) in the post TRIPS era, today also counts as a significant day for another reason. It marks

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NY Times on the Novartis Patent Case

/ By / Patent

The NY Times weighs in on the Novartis patent case that has been simmering before our Supremes for a while now. The article reflects a nuanced take on the issue by Vikas Bajaj and Andrew Pollack, who made the effort of understanding highly complex patent concepts and interviewing a diverse range of stakeholders before crafting their story. The matter is posted for hearing at the end of this month, but my guess is that it will be adjourned again. Pregnant

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Guest Post: A jurisdictional ‘googly’ from the Madras High Court

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Arun Mohan, an IP lawyer practising before the Madras High Court has sent us this very interesting post which examines a judgment of the Madras High Court that has a significant impact on the issue of jurisdiction in IP cases. Arun adds the disclaimer that the firm that he is employed for represented the defendants in the present case. Image from here. Jurisdictional woes before the Madras High Court by, Arun C. Mohan There have been multiple cases on jurisdiction,

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Petitioning for Trademark Change: Missing Files and Audit

/ By / Trademark

A number of SpicyIP readers have often bemoaned the fact that this blog is more partial to patents than copyright or trademarks. We stand guilty of this charge and have been making efforts to traverse other IP areas with equal vigour in the recent past. Our transparency and governance issues have largely focussed on the Indian Patent Office. That the trademark office is also beset with similar institutional issues is an understatement. Instances of missing files and CBI arrests are

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Saregama on a litigation spree before the Calcutta High Court; sues PPL, Select Media, Eros (for 11 seconds of infringement!), etc.

/ By / Copyright

Saregama India Ltd., one of the oldest music labels in India and part of the RPG conglomerate, has been on a litigation spree in the last 3 months suing everybody from its business partners to its customers to an anonymous website, presumably songs.pk. Image from here.  In the first suit filed in December, 2011 Saregama sued Phonographic Performance Ltd. (PPL), and Select Media Ltd for copyright infringement leading from a breach of a contract to licence its copyrights. While PPL

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Guest Post: A landmark judgement on ‘parallel imports’ under the Trade Mark Act, 1999

/ By / Trademark

Arun Mohan, an upcoming IP lawyer from Chennai, who has previously blogged for us over here and here, has sent us the following guest post analysing the recent judgement of the Delhi High Court in the case of Samsung v. Kapil Wadhwa. This judgement significantly impacts the law on ‘parallel imports’. The order also touches on the issue of trademark infringement in the case of meta-tagging. Image from here.  An analysis of Samsung Electronics Company Ltd. v. Kapil Wadhwa &

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Producers of ‘hit’ Tamil movie ‘Aaranya Kaandam’ face an ex-parte injunction for alleged copyright infringement

/ By / Copyright

In an order dated the 29th of February, 2012 the Madras High Court acting on a plea by Tamil script-writer Thiagarajan Kumararaja, passed an ex-parte interim injunction against Capital Film Works (India) Limited, the producers of the Tamil Movie – ‘Aaranya Kaandam’ restraining the latter from releasing the dubbed version of the movie in Telugu and Hindi. The order can be accessed over here.  The Plaintiff in this case, Mr. Kumararaja, is the script-writer and director of the movie ‘Aaranya

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