Guest Post: U.K. implements ECJ’s decision in favour of L’Oreal

Avni Chari, a student of NALSAR, brings us another very interesting guest post on a recent U.K. judgment. A must read for all those of you interested in the use of trademarks during the course of comparative advertising. UK IMPLEMENTS ECJ’S DECISION IN FAVOUR OF L’ORÉALAvni S. Chari L’Oréal compels European Courts to revisit the issue of balancing free trade and Intellectual Property Rights. Judgment available here. The UK Court of Appeal reluctantly applied the ECJ’s guidance and ruled in […]

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Spicy IP Tid-bit: WIPO launches Global On-line Resource

(Image taken from here)In yet another move bound to please IP enthusiasts the world over, the very first day of June, 2010 saw WIPO come up with WIPO GOLD, a free, on-line global IP reference resource aimed to provide quick and easy access to a broad collection of searchable IP data and tools. Such data would range from technology, brands, designs, statistics, WIPO standards and IP classification systems to the features of different IP law regimes across the world and

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The "Fishy" Trademark Handover

In a wonderful piece of investigative journalism, CH Unni reports on the rather “fishy” move to divest the current Controller General, PH Kurian of his “trademark” portfolio. Some see this as an attempt to reinstate a corrupt regime of the past…a regime that the efficient and energetic Kurian helped clean up to a large extent. Kurian’s reformist zeal in terms of ushering in major transparency measures helped lend significant accountability and credibility to a much maligned and opaque office. But

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Women Ace India’s Patent Agent Exam..and Equally Well Too

It gives me great pleasure to profile the toppers of this years’ patent agent exam, namely Disha Jeswani and Aditi Nadkarni. I am particularly pleased that both of them belong to the fairer sex…more power to women…. and less to those who are inclined to cast doubts on their “patent” prowess. I’ve had the pleasure of interacting with both of them on previous occasions and sensed that they would do well in this exam. Please give a round of applause

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Roche’s Patent Rejection: A Numerical Quantifier for Section 3(d)?

Rajiv Choudhry, who’d already featured on this blog earlier for having taken the pains to give us a terrific statistical preview of the results of the patent agent exam, now explores the Roche Valcyte patent decision. Incidentally, Rajiv, a qualified US patent agent working with a leading American patent law firm took the Indian exam this year and cleared it. After his exam, this is what he wrote to me in an email: “I took the Indian patent office exam

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SpicyIP Tidbits: Anil Gupta @ TED talks

This is by way of a quick follow up to Shamnad’s superlative post on romanticising innovation a couple of days ago. Here’s a link to a very engaging talk by Prof Anil Gupta, the primum mobile behind the HoneyBee Network, from the TED Network. (Image from here) It lasts for about 20 minutes, and I would urge all of you to take some time out to listen to this talk – the download link below the video gives you various

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Roche-Natco update: Roche concludes arguments

The Roche-Natco proceedings continue in the Delhi High Court, which the SpicyIP team has been following closely. This is an extremely delayed update, and entirely due to myself — Apologies for the same. For those who are new to the case, please read our previous posts on this, here and here. Roche has now officially wrapped up arguments on the interim injunction. It essentially tied together loose ends of its previous arguments. Readers will recall that the Court had thought

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Laawaris -Housefull Controversy : Interim Order by Cal HC

Following from the earlier Orders in the Laawaris-Housefull matter this year, the interim Order by the Calcutta HC was passed on May 13,2010.The Court speaking through CJ Mohit Shah has now listed the matter for final hearing  on June 21,2010 when the Court resumes after the summer vacation. The Court pondered over the 1981 Agreement between film production house Prakash Mehra Productions and Saregama relating to the right of the soundtrack in the film Laawaris,to ascertain whether the rights in

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Off topic :MJ Akbar and the Gandhi Pen Controversy

Slightly off beat,but our readers who have been keenly following the MontBlanc Gandhi pen controversy may find this piece by M.J.Akbar insightful. Akbar tries to explore the issue from a non-legal (especially, a non IP angle) aspect to debunk into the politics behind the manufacture of such branded pens. Hope you all enjoy the read.

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In ACTA India does (not) trust

(Image taken from here) Recent developments indicate that India’s desire to strive to build a united front against the Anti-counterfeiting Trade Agreement (ACTA) (for previous posts, see here) being negotiated by some developed countries remains unabated with time. The said agreement can have harmful repercussions on exports of genuine off-patent drugs, information technology and other products from emerging markets. Proposed between the EU, the US, Australia, Canada, Japan, Korea, New Zealand and Switzerland, the purpose of ACTA is to enhance

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