Shortened Parliament Session and IP Bills

/ By / Copyright

ET carried a short edit today on the impact that a shortened budget session of Parliament might have on pending bills. Apparently, given state elections in the coming months, the government (as also other political parties) are keen on winding up the budget session by the end of March (as opposed to continuing till the start of May). The edit takes a very critical view of this proposed “shortening” move and notes: “In its hurry, the government is willing to […]

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Trademark Infringement: No confusion just Dilution

/ By / Trademark

T.V Venugopal v. Ushodaya Enterprises (Click here for the judgment on indiankanoon) The Appellant is the sole proprietor of Ashika Incense, incorporated in Bagalore that manufactures incense sticks. The appellant has adopted the mark ‘Ashika’s Eenadu’ for its incense sticks. The Respondent Company is Ushodaya enterprises who publish a newspaper in Telugu, ‘Eenadu’. The respondents alleged that the use of the word “Eenadu” by the Appellant amounted to infringement of their copyright and passing-off in the trade mark. The post

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The plagiarism parampara and the guru-shishya tradition

/ By / Copyright

A guru, according to Upanishadic interpretation, is the one who has the power to dispel darkness. Today’s post, about a guru and her student, comes from the district of Bhagalpur in Bihar. Those of you who know your modern history will not miss the allusion I try to draw to the Bhagalpur blindings of 1980 — one of the most horrific and shameful incidents of modern India. But I digress. And I also give you fair warning that this is

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ICICI Jingle Now Trademarked!

/ By / Trademark

Private sector major ICICI Bank limited has registered its jingle as a  trademark. The notes forming the jingle have been registered by the registrar of Trademarks. This development definitely points towards a new chapter in the area of non-conventional trademarks. Safir Anand ,a senior partner at Anand and Anand noted that soon non-conventional trademarks will become the complete identity of the brand. Anand was acting on behalf of ICICI for the registration of the trademark. The Indian Trademark Registry granted

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Registration In A Day — Trademark’s Believe It Or Not!

/ By / Trademark

Many readers seem to have misconstrued a post that ran yesterday on the blog, about a company/website apparently claiming to be able to obtain a trademark registration in 24 hours. It was certainly NOT intended to be an advertisement for filing services, as some believe it to have been. Quite the contrary, in fact. Advocate Devanshu Jain flagged the website by way of an email to the blog team (we owe him a hat-tip for the site link and the

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Informing the pharma innovation debate: Harmonised IP standards and its effects

/ By / Innovation, Patent

Image from here  [Since this is a more theoretical post, in the interests of our readers, I’m stating at the outset that this piece is essentially regarding policy questions that ought to arise while considering global drug innovation policies, either patents or otherwise. For the purposes of this post, I’m keeping the “access to medicines and drug innovation policy” debate as the context, and for purposes of convenience I am broadly dividing the parties in this debate into two sides

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Want a Trademark Registration Within 24 Hours?

/ By / Trademark

If you are looking for quick TM registration, your search ends here.BMC claims that it can provide easy and cost effective TM registration within 24 hours anywhere in India. The website reads : “Our dedicated team assists you in simple, comprehensive and economical way of registering your brands and protecting it from possible infringement from competitors. BMC is voted as India’s best trademark and copyright registration consultants, equipped with experienced and dynamic team of corporate lawyers” One of the testimonials

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Major irregularities in Mr. Rahaman’s appointment to the Intellectual Property Appellate Board

/ By / Uncategorized

As most of our readers may already know, the constitutionality of the IPAB has been challenged on the grounds that it violates the ‘separation of powers’ between the Executive and the Judiciary. We had filed RTIs to gain an insight into the actual working of the Board and in the process we seem to have discovered major mind-boggling irregularities in the appointment process itself wherein the Department of Industrial Policy and Promotion (DIPP) have disregarded mandatory government procedures. These irregularities

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DIPP responds to RTI queries on IPAB

/ By / Uncategorized

The DIPP finally replied to our RTI queries two weeks and has provided us a ton of photocopies of several documents pertaining to the IPAB’s functioning and appointments. The RTIs were filed with an intent to discover the working of the IPAB. If nothing, these replies at the very least provide a fascinating insight into the awesome bureaucratic machinery that we have inherited from the British. There is no doubt that you have to be unbelievably skilled to tackle the

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An update on the Wiley cases & ‘parallel exports’

/ By / Copyright

The ‘parallel import’ debate between publishers and civil society is slowly but steadily losing any semblance of decency and is anything but ‘civil’. Clearly the gloves are off! I’m going to refrain from lending my two bits to this debate. However I want to briefly clarify a few points regarding the so called ‘parallel exports’ issue i.e. whether it would be legal or not to export low-priced Indian books to markets like the U.S.A. and the U.K. Image from here.

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