Darjeeling for Two in Kolkata

/ By / Trademark

By way of an update on the “Darjeeling” Geographical Indications (GI) case we reported on some days ago, we have uploaded a copy of the decision on our site. This is a very interesting decision, not just because it is the first ever by an Indian court on the infringement of a registered GI; but also because it may have significant implications on the protection of GI rights in the country in the times to come. We bring you a […]

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Guest Post: New developments from ICANN

/ By / Trademark

It gives me great pleasure to introduce this second guest post from Mr. Arun Mohan. Arun completed his LLB from the London School of Economics (LSE) and is currently an associate with Mohan Associates, Chennai. His focus is primarily on IP and commercial litigation. New developments from ICANN,By Arun Mohan The Internet Corporation for Assigned Names and Numbers (ICANN), the regulatory body for development and regulation of domain names on the internet, has given a fresh bout of air to

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Guest Post: More on Google’s European battles

/ By / Trademark

It gives me great pleasure to introduce this guest post from Mr. Arun Mohan. Arun completed his LLB from the London School of Economics (LSE) and is currently an associate with Mohan Associates, Chennai. His focus is primarily on IP and commercial litigation. Dutch Court applies the ECJ Google ruling.By Arun Mohan There have been a string of judgements around the world, on the usage of registered trademarks by competitors in Google’s Adword program. The Dutch Courts have been the

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It’s not about the Money anymore: CSIR to adopt New Developmental Model for Patenting

/ By / Uncategorized

(Image taken from here)Departing from the days of vigorously emulating the Western model of industry-centric IP protection under its erstwhile director R.A. Mashelkar, the Council of Scientific and Industrial Research (CSIR) seems to be all set to follow the path of a people-centric developmental model under the leadership of the current director-general Samir Brahmachari. With globalization often leading to a situation wherein the IP is held in one country, the product is designed in another, and manufactured and sold in

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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

/ By / Uncategorized

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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