Mother Dairy Brand not to be used by Private Company: says Delhi High Court

/ By / Trademark

A few months have passed since the Delhi High Court had passed judgment in a case that promised to be quite a landmark in the so-called ‘White Revolution’ in India. Pronounced on August 25, 2010, this matter, titled Mother Dairy Fruits & Vegetables Pvt. Ltd. & Another v. M/S Maa Baishnavi Enterprises & Others [I.A. 280/2009, 8864/2009 and 8865/2009 in CS(OS) 41/2009], was decided by Justice Ravindra Bhat, a well-known name in the Delhi High Court IP decisions. The plaintiffs […]

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Spicy IP Tidbit: WIPO launches new Database for profiling IP case Studies

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About a month ago, WIPO had added yet another new entrant to its growing count of databases facilitated to promote and enrich overall development and experience of IP throughout the world. Named IP Advantage, this database seeks to profile and showcase the IP-related experiences of inventors, entrepreneurs, and researchers. The broader purpose behind such an initiative is promote a better understanding of the manner of creation and protection of different types of IP as also the modes in which individual

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SpicyIP Guest Post: High Level Committee recommends a ‘three-strike policy’ and other measures to curb piracy

/ By / Copyright

Thanks to Sai Vinod Nayani, our serial guest blogger, we have this very interesting post on a recent report by a High Level Committee on Piracy. Apparently this committee has recommended that India adopt a ‘three-strike’ policy to curb internet piracy. Readers who have a copy of the report are requested to please pass on a copy to us. Measures to Tame the Pirate Mafia: RECOMMENDATIONS OF THE COMMITTEE ON PIRACY by Sai Vinod Nayani The high profile committee set

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Is the IPAB above the RTI Act, 2005?

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It has been five years since Parliament has passed the Right to Information Act. The legislation which gives citizens a right to demand information from the Government has been a tremendous success across the board, right from the grass-roots level to the power-centre in Delhi. It however appears that this information revolution has swept past the website of the Intellectual Property Appellate Board (IPAB). Sections 3 & 4 of the RTI Act, 2005 requires all ‘public authorities’ to maintain on

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Brin Panna & The Jungle of Oppositions- I

/ By / Patent

For the purposes of this post, let’s have a few characters- Brin Panna is the protagonist and Peeve Jobs is the antagonist (Poltergeist, may be). And let’s call the story- “The Obvious Indian Patent Story” and this chapter of the story as “Brin Panna & The Jungle of Oppositions”… Brin Panna- The Ideal Indian Our hero Brin Panna swears by “Indian values” such as honesty, a Lutheran work ethic and progress through innovation. He runs a home-grown “swadeshi” entity fully

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Praveen Raj files rectification petition with GI Registry against the ‘Tirupati Laddu’ GI

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One of our frequent readers Mr. Praveen Raj, a scientist with the CSIR has filed a rectification petition with the GI Registry requesting the cancellation of the ‘Geographical Indication’ status granted to the Tirumala Tirupati Devasthanam (TTD), a trust recognized under local laws, for one of its prasadams, or holy offerings – the famous ‘Tirupati Laddu’. The grant of the GI status to the Tirupati Laddu was a controversial affair from the very beginning. We’ve covered the issue over here.

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Early Bird Catches the Worm : Hurry and Register for the Workshop on Innovation,Creativity and IP Policy

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For those of you who haven’t registered for the fabulous forthcoming workshop on Innovation,Creativity and IP Policy as announced by Mathews here,  HURRY!!! This year the NUJS IP Chair is collaborating  with the Max Planck Institute for Intellectual Property, Competition and Tax Law for a  two-day Indo-European dialogue on “Innovation, Creativity and IP Policy”,to  be held at NUJS on 19th and 20th November, 2010.  The Workshop is being sponsored by Microsoft India (chief sponsor), K&S Partners and Altacit Global.  The

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Google Launches Legal Music Search for India to Fight Piracy

/ By / Copyright

In a spectacular move, Google announced yesterday, the launch of a music service in India to help users search for legal online music streams and downloads. Our readers might remember a post from a week ago titled ‘Copyright Infringement is not Theft’. The post led to a rather passionate discussion in the comments section about the rampant piracy in India with some comments suggesting that people were just not willing to spend money on a legal purchase when they could

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Thou shalt be heard: says Bombay High Court in Patent Abandonment Case

/ By / Patent

A few months back, the Bombay High Court had passed quite an interesting judgment regarding procedural complexities in a matter involving a patent application filed by a Spanish University. Dated February 26, 2010, this matter (Writ Petition No. 1435 of 2007) had the Universidad Politechnica De Valencia (hereinafter the Petitioner) on the one hand and Union of India, the Controller General of Patents & Designs and the Assistant Controller of Patents (hereinafter collectively the Respondents) on the other. The Petitioner

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Delhi High Court raises the threshold for trademark dilution suits

/ By / Trademark

In a surprising, yet welcome, judgment, Justice Ravinder Bhat of the Delhi High Court has rejected a suit for trademark infringement, without a trial, on the ground that it fails to disclose an adequate cause of action, despite the fact that both trademarks involved were the same i.e. ‘Kamadhenu’, albeit for different goods. The Order can be accessed here. The word ‘Kamadhenu’, a word derived from Sanskrit is used to describe the ‘mother of all cows’ in Hindu mythology. The

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