Designs Trademark

SpicyIP Fellowship 2019-20: “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off of Registered Design


We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her first submission for the Fellowship. “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off Of Registered Design  Arushi Gupta   On 7th March 2019, in Crocs Inc. USA v. Aqualite India Limited, the Delhi High Court rejected the maintainability of a suit of…


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Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (I)-The Apparent Conflict between the Patents Act and the Plant Varieties Act


The Notice on Plant Breeders’ Rights (“Notice”) has opened a whole new can of (boll)worms! In this post, I hope to describe the following: The convoluted history of seed price control orders in India Main features of the Notice (as above mentioned) The controversial relationship between the Patents Act,1970 and the Protection of Plant Varieties and Farmer’s Rights (“PPVFR”) Act, 2001 (in so far as it relates to the dispute involving Monsanto and the domestic seed companies) Monsanto’s BG Technology and…


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Copyright

The Case for the Moral Rights of Javed Akhtar in the Song ‘Ishwar-Allah’


Last week saw the release of the trailer of ‘PM Narendra Modi’, the much-awaited biopic of our current Prime Minister which is set to hit screens on April 12, 2019. While it has garnered differing reviews, it has resulted in yet another controversy associated with the film (the Election Commission of India is already looking into whether the release of the movie would violate the Model Code of Conduct for candidates, see here and here). This latest controversy involves the…


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Others

SpicyIP Weekly Review (March 25-31)


Prarthana wrote a post on the recent ‘green order’ passed by Justice Najmi Waziri of the Delhi High Court. While the case concerned the dilution of a trademark used for the sale of a particular diabetes drug, the noteworthy aspect of the judgment is the order that required the respondent to plant 1,40,000 trees in Delhi. Prarthana analyses the law relating to costs, and questions the validity of such an order being passed, given that the trees were not a…


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Others

On the Delhi High Court’s “Green” Order


In a recent order, Justice Najmi Waziri of the Delhi High Court imposed a cost of Rs. 80 lakhs on the respondent party. Stating that the sum ought to be utilised for the larger public good, he went on to order the respondents to plant a large number of trees! Factual Background The petitioners have a patent in Sitagliptin (a pharmaceutical composition used to treat diabetes) and sold it under the brand names Januvia and Janumet, amongst other names. The repondent’s…


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Copyright

Breaking: EU Adopts New Copyright Directive on the Digital Single Market


The European Parliament has voted in the EU Copyright Directive for the Digital Single Market, 348-274. The vote followed high drama and widespread public mobilisation against the proposal, specifically on its impact on the rules for online platforms and user-generated content on the internet. The text of the directive has seen many iterations, but most of the objections to the directive focus on its rules regarding the responsibilities of online platforms which host user generated content, as well as the…


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Others

SpicyIP Fortnightly Review (March 11-24)


Divij wrote a post on the draft e-commerce policy released by the Department for Promotion of Industry and Internal Trade. In his post, he focusses on the anti-counterfeiting measures to be adopted by e-commerce platforms and how they may adversely affect the freedom of small vendors and marketplaces. He then analyses the anti-piracy measures to be adopted and the suggestion to return to the notice and takedown approach for copyrighted content. He notes that this may lead to a disproportionate…


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Others

University of New Hampshire and Royzz & Co. Partner for a Scholarship for LL.M. Students Specialising in IP Law


We’re pleased to inform our readers that The Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law (UNH) and Royzz & Co. (erstwhile Solomon & Roy) have partnered to offer a scholarship for prospective international LL.M. students specialising in IP Law. The deadline for submitting applications for the scholarship is May 15, 2019. For further details, please read the announcement below: UNH Law-Franklin Pierce and Royzz & Co. Partner for IP Scholarship The Franklin Pierce…


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Comparative Advertising

Constitutionalisation of Private Law Disputes: Horlicks Ltd and Anr. v. Heinz India Pvt. Ltd.


Judgments of Indian courts are often criticised for their use of convoluted language, verbosity, and tendency to digress into avoidable terrains (for instances of courts employing barely decipherable language, see this). A recent order of the Delhi High Court (‘Order’), in the matter of Horlicks Limited and Anr. v. Heinz India Private Limited falls into the third category- crossing into the territory of fundamental rights in a private law dispute. The Order was made in an application filed by Horlicks…


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Copyright Trademark

Draft E-Commerce Policy Extends India’s Intermediary Liability Woes


It’s been a rough time for online intermediaries operating in India, lately. Jumping on the techlash bandwagon in the wake of multiple social media fiascos concerning online disinformation, data breaches, and mass propagation of hate speech and abuse, governments across the world are taking this as an opportunity to tighten regulation for online ‘intermediaries’ – platforms which host third party content, such as social media or online marketplaces. Similarly, the hornet’s nest of intermediary liability for copyright and trademark infringement…


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