Spicy IP Tidbit: IPASI comes into being

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The readers of Spicy IP, especially those hailing from the southern corners of India, will be interested to know of the birth of the nascent organization IPASI (The Intellectual Property Association of South India) on April 26, 2011, i.e. on the World IP Day. The inauguration that had taken place at The Tamil Nadu Dr. Ambedkar Law University, was performed by Hon’ble Justice Mr. Jyothimani of Madras High Court, who wished the best for this democratically formed association also indicated […]

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To be Labelled Bad is not too Good: Three-N-Products v. Emami Ltd.

/ By / Trademark

(image taken from here)Case Name: Three-N-Products Private Limited (Plaintiff) v. Emami Limited (Defendant) Judgment on: 29th January, 2010, Calcutta High Court Facts: The plaintiff manufactures and sells cosmetic products under the trademark ‘Ayur’ and ‘Ayu’ registered in and outside India. The Defendant was marketing products like ‘Himani Ayurdhara’ and ‘Himani Ayucare’. The plaintiff had sought relief in the form of a declaration that the defendant is not entitled to use the plaintiff’s registered trademark ‘AYUR’ and ‘AYU’ alone or by

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Celebrating World IP Day: A Murderous Design!

/ By / Copyright

Here’s wishing all our readers a wonderful World IP Day! As many of you know, WIPO is focussing on “designs” as the key theme for this years’ IP day. And this offers me a perfect opportunity to throw up an idea I’ve been harbouring for a while now, namely that we drive a deep stake into the heart of the design regime and bury it once and for all! Of course, the actual proposal is not as dramatic as the

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15 Years of TRIPS: Rethinking IP and Development

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The Centre for WTO Studies (CWS) has been at the forefront of driving national IP and trade policy in India. The reins of this institution passed on recently from noted scholar Biswajit Dhar to Abhiijt Das, a thought leader who drove some very important policy initiatives in his past avatar as UNCTAD’s head in India; most notably, for those of us in the IP community, he was instrumental in shifting the focus away from merely registering GI’s to helping translate

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Dr. Wobben appeals to Madras High Court against IPAB Orders

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Aditya Reddy, an advocate at the Madras High Court informs us that Dr. Wobben, owner of Enercon GmBH, has filed writ appeals before the Madras High Court, on the 20th of April, 2011, against the Orders of the IPAB revoking several of his patents. The appeals were heard a Division Bench of the Madras High Court. Although the High Court refused to stay the orders of the IPAB, it did pass a status quo order, whatever that means!Image from here.

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Something rotten in the Copyright Office?

/ By / Copyright

Over the last year we have been filing multiple applications under the Right to Information Act, 2005 with several Central Government Ministries. Some of the Central Government ministries like the Ministry of Environment & Forests, Department of Industrial Policy and Promotion and National Biological Authority have been exceptional in their responses and have kept with the letter and spirit of the Right to Information Act, 2005. The Copyright Office however is a completely different story. Our latest RTI Application asking

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Breaking News: Darjeeling still lounges in Kolkata, says HC

/ By / Trademark

In a decision likely to have interesting ramifications on the Geographical Indications (GI) marketplace in India, the Calcutta High Court today held that the word “Darjeeling” is not the exclusive right of the Tea Board, deciding in favour of the Kolkata hotel ITC Sonar and its Darjeeling Lounge. (Image from here.) The judgement, which is likely to go down as one of the earliest and most important cases dealing with GIs in India, was delivered by Sanjib Banerjee, J., who

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Hazare Hunger and Policy Making

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The Hazare anti corruption hunger strike captured the imagination of the nation for the last few weeks. As many of you know, corruption is an issue that is of immense interest to SpicyIP, which has attempted to cure this evil plague in the IP space through the deployment of one principle, namely that of transparency. Needless to state, corruption is a complex multifactorial issue and we need to hit it from several angles, the law being just one of them.

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Patent Office enables online file inspections

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As a part of its continued digitization/transparency drive the Patent Office has started hosting scanned copies of entire patent files on its IPAIRs system which can be accessed over here. The scanned copies now available on the website, includes all correspondence between the patent office and the patentee, all forms, abstracts and specifications filed by the patentee with the patent office. Image from here. This is basically an attempt to duplicate the features available on the website of the European

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Guest post: Multiple litigations regarding ‘Thank you’ movie

/ By / Trademark

Suchita Saigal has sent us this very interesting post on the various disputes surrounding the recent Bollywood movie ‘Thank You’.     Three Dirty Doggies surrounded by controversy   by Suchita Saigal     Is movie mein action hain, drama hain, suspense hain aur emotion hain … Maybe not! The Thank You movie reviews won’t inspire me to make a weekend plan to watch it and I don’t think I will be missing much since all the drama seems to

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