Trademark

Bombay High Court Comes Down Heavily on Listed Pharma Company for Engaging in Persistent Trademark Infringement

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In a notable development, the Bombay High Court (“Court”) recently came down heavily on Syncom Formulation (India) Limited, a listed pharma company, for circumventing court orders and engaging in infringing conduct in a persistent fashion. The Court’s observations came in a suit for trademark infringement filed by the plaintiff, Shalina Labratories, as regards its medicinal and pharmaceutical preparations. On the whole, the case appears to be an open-and-shut case of trademark infringement, inasmuch as the Court returned a clear finding…


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Patent

A Wyeth Blooper Gives An Insight Into How Pharma Companies Calculate Sales Figures for Form 27s

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As the Delhi High Court continues with the hearings over the Patent Office’s implementation of Section 146 of the Patents Act, we came across an interesting tidbit of information on how exactly pharmaceutical companies calculate the values disclosed in the Form 27s that are filed before the Patent Office. The background to this particular piece of information is a tip that we received from a reader regarding an erroneous Form 27 filed by Wyeth with regard to its patent IN…


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Copyright

Has IPRS Set the Stage for a Battle with Apple, YouTube, Reliance Jio, Airtel etc?

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Last week, Gulveen Aulakh of the Economic Times broke the news that the recently re-registered copyright society Indian Performing Rights Society (IPRS) has written to Indian telecom companies and platforms such as Apple and YouTube, demanding that they pay up for the use of IPRS’s repertoire, either by way of streaming or downloads. The recipients of these notices reportedly also include Bharti Airtel, Vodafone India, Idea Cellular and Reliance Jio. Apparently, some of these telecos have told the ET that…


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Trademark

A Note on Ansari Bilal Ahmadlal Mohd vs Shafeeque Ahmed Mohammad Sayeed (Bom HC)

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This judgment helps to us to have a quick revision of settled legal principles vis-a-vis interim relief in trademark infringement suits. Firstly, in case of interim reliefs, the extent of interference by Appellate forums in the discretion exercised by trial courts is limited. Secondly, in judging confusion, the test to be applied is that of a person of average intelligence and imperfect recollection. Background The Division Bench of the Bombay High Court decided on an appeal filed against the order…


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Others

SpicyIP Weekly Review (February 11 – 17)

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We’ve had a busy week at the blog this week, with several guest contributors and interesting discussions on our comments threads too. The week’s thematic highlight is Mathews three-part post analyzing Section 31D of the Copyright Act, and criticizing the order of the Punjab and Haryana High Court in ordering the Registrar of Copyrights to exercise power under Section 31D. The first part of the post notes that the IPAB is supposed to function as an independent tribunal, which is…


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Patent

Patent Working PIL (Update): Court Clarifies Patent “Licensing” Confidentiality and Suggests Form 27 Reform

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(This post has been co-authored with Prof. Shamnad Basheer)  Last week, we brought to you news of yet another well reasoned and lucid order from a Division Bench of the Delhi High Court (comprising Acting Chief Justice Gita Mittal and Justice Hari Shankar) in our Patent Working PIL (see here and here). This order (dated February 7, 2018) is now available on the Delhi High Court website here. The order again reiterates the importance of the patent working disclosure requirement…


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Events

SpicyIP Events: 7th Annual IP Teaching Workshop, 2018 [NLU Delhi, March 24]

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  We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC) in association with National Academy of Law Teaching is organising the 7th Annual IP Teaching Workshop 2018 at National Law University, Delhi (NLUD) on March 24, 2018. The last date for submission of applications is March 1, 2018. For further details, please read the post below.   7th Annual IP Teaching Workshop- 2018 March 24, 2018 National Law University Delhi (NLUD) The VII Annual IP Teaching Workshop- 2018 is being organised by…


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Events

SpicyIP Events: Conference on ‘Back to Basics: The Role of Property in the IP System’ [NLU Delhi, March 22-23]

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                          We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University Delhi and the Centre for Protection of Intellectual Property (CPIP) at George Mason University, Washington D.C. are organising a conference titled: “Back to Basics: The Role of Property in the IP System” on March 22-23, 2018 at National Law University Delhi. The last date for registration is February 28,…


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Copyright

And Now, ISRA’s Sanjay Tandon Accuses Us at SpicyIP of Being in the Pockets of Big Music Companies

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We received a comment a few days ago on one of my earlier posts, from Sanjay Tandon who claims to be CEO, Co-Founder, Managing Director etc. etc. of the Indian Singers Rights Association (ISRA). I reproduce the comment below: “As expected Spicy IP prefers to be hands in gloves with the Rich Music Companies and not with Artists… giving always a one-sided story… It was prompt to report this… but did not have the courtesy to report on the DISMISSAL…


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Copyright

DishTV vs. TVAddons: A Prognosis of Achievable Outcomes – Part II

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In the Part I of this two-part guest post, Himanshu had given a brief background about the parties involved and the subject-matter of the case followed by the discussion on the prima facie validity of the possible defenses taken by Defendant no.1, ZemTV. In Part II of the post below, he analyses the case further. DISHTV vs. TVAddons: A Prognosis of Achievable Outcomes – Part II Himanshu Arora TVADDONS.ORG – Indirect copyright infringement – TVaddons has been alleged to be…


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