Judicial determination of a "Well-known" Indian mark- TATA

/ By / Trademark

This post provides a review of a recent judgment of the Delhi (CS(OS) No. 264/2008 and CS(OS) No. 232/2009), Tata Sons Ltd. vs Mr. Md. Jawed & Anr., (judgment available on Indiankanoon here).   Amongst others, the plaintiffs stated that the defendant’s use of the mark (A-One TATA) was inherently deceptive.  The Court after referring to the provisions of the Trademark Act, Article 6bis of the Paris convention, Article 16 of the TRIPS provisions, and judicial recognition given to well known […]

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Anand Sharma gives a No to Data Exclusivity

/ By / Data Exclusivity

Picture Credit: Kevin Dean from http://www.betaart.com As we’ve highlighted several times on this blog, the pharmaceutical lobby in EU and US have (through their governments) tried to push India into accepting many stronger IP rights, including data exclusivity. As we’ve also highlighted several times, data exclusivity has been consistently been opposed by the Indian Pharmaceutical Alliance as well as several NGOs; however we haven’t been as sure as to what position the government was going to take in the EU-India

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The Death of Data Exclusivity?

/ By / Data Exclusivity

After several months of secretive deliberations, intense politicking and protests, sophisticated debates and powerful op-eds, apparent volte faces, subtle media subterfuge and various other things that might have made for a good Bollywood blockbuster, it appears that the Minister of Commerce, Anand Sharma has finally nailed the coffin and buried the data exclusivity (FTA) debate once and for all! During a recent meeting of a Parliamentary Committee dealing with intellectual property, the Minister, who chaired the meeting announced that India

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The role of IP in the Enercon dispute – Lessons for future Joint-Ventures in India

/ By / Uncategorized

While we have been tracking the Enercon patent dispute for a few months now, it should not be forgotten that the main battle between Enercon GmBH and the Mehra Group, is for management control – over Enercon (India) Ltd. (EIL) – the company incorporated for the purpose of executing the joint venture by both the warring parties. A part of the battle is also to seize control of the 16 subsidiaries of EIL and 11 associated companies, all of which

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Analysis of the Google Books Settlement

/ By / Competition Law, Copyright

(Warning: Long post!) I provided a brief overview of the decision in the Google Books Search settlement case, wherein Justice Chin of the United States District Court rejected the proposed settlement entered into between Google, the Authors Guild and the publishing industry. In this post, I will look at the decision in greater detail, and briefly examine Google’s future options. What was the need for a Google Books settlement?Google Books is a service several of us as students, academicians and

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SpicyIP Guest Series: Chris Ohly and Sal Patel on Inequitable Conduct

/ By / Patent

(Images taken from here and here)This time, Spicy IP brings to its readers an incisive post by D. Christopher Ohly and Sailesh K. Patel on the matter of inequitable conduct during the filing and prosecution of a patent application. Chris Ohly, a well reputed and leading patent litigator in the US, and Sailesh Patel, another brilliant patent attorney and partner at Schiff Hardin, LLP., had even before this offered their joint expertise and scholarship to the Spicy IP readers here.(Statutory

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Patent Office Manual finalized and Published

/ By / Uncategorized

Our patent office has finalized and published the Manual of Patent Office Practice and Procedure (MPPP).  The current edition of the manual is a welcome departure from previous editions.  Unlike this edition, previous editions were not accessible section wise.  This time the patent office has made the MPPP available in both HTML and PDF formats.  More time can now be spent on reading the provisions and the patent office comments-rather than waiting for the page to load.  The MPPP can be

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SpicyIP Event: The 12th Annual IP Seminar, 2011

/ By / Uncategorized

SpicyIP is pleased to announce the dates for three related IP events in Hong Kong and Macau. The events are being organised by the Institute for European Studies of Macau and Maastricht University Faculty of Law. For the Hong Kong leg it is co-organised by the Chinese University of Hong Kong. There are substantial concessions for Indian students and the fee details are as follows:Fees inclusive of accommodation for students from India:Up to 4 students from each University US$ 800

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‘International Press’ covers Enercon dispute; Indian media continues to give it the royal ignore

/ By / Patent

The New York Times, the Financial Times and the German Times have all carried stories on Enercon GmBH’s dispute with its Indian partner. We have blogged about the Enercon patent disputes over here and here. The New York Times carried a fairly balanced piece describing the genesis of the dispute between Enercon GmBh and the Mehra Group; a dispute which eventually cost Enercon GmBH 12 of its patents which were successfully challenged before the IPAB. It also speculates that the

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SpicyIP Tidbit: Google test pilots its Innovation Incubator program in SA

/ By / Innovation

While Google may be facing criticism for trying to take too much power into their own hands with respect to their digitalisation of orphan works (see Amlan’s upcoming post for more on this), I doubt they will face any such opposition in their efforts to empower others by fostering innovation in Africa. Google has launched Umbono (Zulu for “idea/vision”) , a technological innovation incubator at Cape Town, South Africa. In a  statement from Google, they say: “For six months, teams will enjoy free office

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