Guest Post: Made in India, faked in China

/ By / Uncategorized

Image take from hereSuchita Saigal, a name familiar to the Spicy IP readers, brings yet another piece of her refreshing and analytical reasoning to the fore for us, that has been presented as follows: I am of the opinion that a good post should begin with an interesting title. Hence, given the subject matter of this post, I searched for the word ‘bitter’ on Google hoping to come up with something interesting and witty, maybe a movie title, on the […]

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Media Piracy in Emerging Economies and Satirical Licenses

/ By / Copyright

The Social Science Research Council recently released a study titled ‘Media Piracy in Emerging Economies’, an independent, comparative study of media piracy and enforcement, with a focus on the social benefits of media piracy in different developing countries. The study is commendable for stressing on the aspects of affordability, development, access and pricing – issues that are often found wanting in the rhetoric of participants in most piracy debates, who reiterate the issues of lost sales, stricter enforcement and criminal

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Summary of 3(d) and 3(e) decisions in 2010 at the IPDTO

/ By / Patent

  In a previous post, we saw the break-up of decisions at the Indian Patents, Designs and Trademark Office (IPDTO) in the calendar year 2010.  Because of the importance of sections 3(d) and 3(e) of the Indian patent act, this post analyzes decisions related to sections 3(d) and 3(e) in the calendar year 2010.  The complete file containing the decisions analyzed can be seen here. We were not surprised to see that in 12 out of the 21 possible cases,

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SpicyIP tidbit: Designs status available online

/ By / Uncategorized

By way of a quick update on our last post on the newly-released Design Manual (which is still open for comments, by the way), we note that the Intellectual Property Office has made the status of Designs applications accessible online. The design applications search facility, which you can access here, is a bit like the “old” trademark search database, and requires inputting the design application number to obtain any results. If one does not have the application number handy, it

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Chinese Mobile-chargers struck by Trademark Infringment Suit: L&T Ltd. vs Leuci Communications

/ By / Trademark

(Image taken from here) Facts of the case:The plaintiff, Larsen & Toubro Ltd. (L&T), a company owning the trademark/logo L&T (in a circle), is a renowned and established multi-national business organization that has been carrying on its business in India for many years. It has an impressive sales figure to flaunt and also spends large sums of money in advertising its mark and products. A sales engineer of L&T has come across a mobile charger made in China being sold

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Domestic pharma firms say ‘yes’ to data exclusivity?

/ By / Data Exclusivity

In an interesting development, the Financial Express has reported that several Indian pharmaceutical companies have demanded a data exclusivity law in order to protect their invesments in global clinical trials. The report identifies the pharmaceutical companies as Glenmark, Dr. Reddy’s, Glenmark, Lupin, Bharat Biotech and ‘many others’. The report however does not mention the source for this comment. (Image from here) If this report is true, it is significant for three reasons: (i) It represents a major fissure amongst the

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Trade Marks Official in CBI net

/ By / Trademark

Prof. Shamnad Basheer had already covered the arrest of ND Kasturi, Deputy Registrar of Trademarks by CBI officials [available here ]. SPICY IP is now given to believe that “Manjal” file is one amongst the ten odd files files taken from Mrs. Kasturi’s office by CBI for further investigation. [ For our posts on “Manjal” issue, see here, here & here. ] Times of India reported the arrest a day after, available here. This post is a summary of that

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March 2nd marks aggravated protests against FTA

/ By / Data Exclusivity

While the government continues to march on with the EU-India FTA, protester’s have also continued to voice their concerns over the impact that the IP provisions of the draft Agreement will have on making medicines inaccessible. March 2nd marked a day of protest by health activists from across India including PLHIV Networks and Network of People who use Drugs, as well as activists from affected countries such as Nepal, Indonesia, Thailand and Philippines who came to New Delhi to voice their concerns

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Breaking News: CBI Raids Trademark Registrar’s House

/ By / Trademark

Even as this message is being typed out, the home of ND Kasturi, Deputy Registrar of Trademarks is being raided by officials from the CBI (Central Bureau of Investigation). These government sleuths are also simultaneously inspecting her office room (and files) at the Patent and Trademark Office, Chennai. Allegations of corruption have dogged this Registrar for as long as I can remember. Once this raid completes, we’ll know if there was any truth to these long standing allegations. Kasturi featured

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ICC-Cricket World Cup and IP Enforcement

/ By / Copyright, Trademark

Just on the back of the exciting India-England tie, we have an interesting cricket-related IP tidbit. There’s absolutely no doubt that the International Cricket Council (“ICC”) takes it intellectual property very seriously, given that the captain of the Indian team himself was rebuked for ‘ambush marketing’, in violation of the guidelines for endorsements and commercials issued by it, just before the World Cup. So it came as no surprise when we received an anonymous tip this morning about a cease

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