To belong or not to belong? Toyota suffers setback in trademark battle before the Delhi High Court

/ By / Trademark

In a recent decision of the Delhi High Court, available here, the Japanese automobile magnet Toyota suffered a setback, when the petition that it had filed seeking exclusive rights over the trademark “PRIUS” for its hybrid cars was dismissed by the court. The matter, titled Toyota Jidosha Kabushiki Kaisha v. Deepak Mangal & Others, comprised of I.A.Nos.16776/2009, 110/2010, 1156/2010 & Crl.M.A.No.1032/2010 in CS(OS) No.2490/2009 and the judgement was delivered on March 19, 2010 by Indermeet Kaur, J. The petitioner had […]

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Results of the 1st Annual Intellectual Property Law Writing Competition by VJLT and Altacit Global

/ By / Uncategorized

As the readers of Spicy IP are aware of, the Virginia Journal of Law & Technology, in collaboration with Altacit Global (an intellectual property law firm that is known for its specialty in offering strategic board-level advice to companies), had held the 1st Annual Intellectual Property Law Writing Competition on “The Varying Treatment of Patentable Subject Matter” sometime back (see post here). The following results of the competition have been conveyed to Spicy IP by the organizers, who graciously intend

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SpicyIP Events: The 1st IJLT-CIS Annual Law Lecture Series

/ By / Uncategorized

The Editorial Board of the Indian Journal of Law and Technology, Student Bar Association, The National Law School of India University (NLSIU) is organizing a lecture series along with the Centre for Internet and Society (CIS). The theme for the Lecture Series is “Jurisdictional Issues in Cyberspace”. The Chief Guest for the Lecture Series is Hon’ble Dr. Justice S. Muralidhar (Judge, High Court of Delhi). Dr. Justice Muralidhar delivered the illuminating decision in the Banyan Tree case (Banyan Tree Holdings

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IPAB’s Power of Review

/ By / Patent

This is a slightly dated order of the IPAB (August 2009), where it was held that IPAB does not have the power of substantive review of its decisions. The order was delivered in an appeal involving Nestle, the appeal arising out of the rejection under Section 15 of Nestle’s application for a patent. The hearing on the appeal was adjourned twice at the request of the authorized counsel for the appellant; a third date was also sought and granted to

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SpicyIP Tidbit: Delhi HC Refuses Ex-parte Order against Ranbaxy

/ By / Patent

Earlier this week, it was reported in the Economic Times that the Delhi High Court has refused US pharma major Bristol-Myers Squibb’s application for an ex-parte injunction order against Ranbaxy for launching a generic version of Squibb’s hepatitis B drug, Baraclude. However, the application for interim injunction is yet to be heard. The Court has given Ranbaxy a period of 2 weeks to file its reply after which arguments on the interim application would be taken up. The drug Entecavir

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Guest Post: Waxing Lyrical on Royalties – An Analysis of the Author-Centric Amendments Proposed to the Indian Copyright Act

/ By / Copyright

I’m pleased to bring to you yet another fascinating guest post from Nikhil Krishnamurthy, Senior Partner of Krishnamurthy & Co. on the proposed author-centric amendments proposed to the Copyright Act, 1957. To provide a very brief background to Nikhil’s post I refer you to one of our earlier posts outlining the clash between Aamir Khan and Javed Akhtar on the importance or lack therefore of lyricists to the sucess of a movie. WAXING LYRICAL ON ROYALTIES – AN ANALYSIS OF

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Delhi High Court rules on ‘deemed abandonments’ by the Patent Office under Section 21

/ By / Uncategorized

The Delhi High Court while disposing a writ petition in the recent case of Telefonaltiebolaget LM Ericsson v. Union of India once again reminded the Patent Office the true scope and impact of ‘deemed abandonments’ under Section 21 of the Patents Act, 1970. Section 21 of the Patents Act is a deeming provision which deems a patent application to be abandoned if in case a patent applicant does not respond to a Patent Office request within the prescribed time period.

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Spicy IP Tidbit: US Court rules that all non-US copyright owners must register their Copyright

/ By / Copyright

Some useful information for all non-US copyright holders who may need to file a suit in the US for copyright infringement: An article on Mondaq by James Trigg and Harris W. Henderson, points out an interesting decision [Elsevier B.V. v. UnitedHealth Group, Inc., No, 9 Civ. 2124 (S.D.N.Y. January, 14, 2010)] by the Southern District Court of New York which affects all non-US copyright holders.In brief, the article points out that the court essentially held that certain formality-requiring provisions of

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Guest Post: Protection of Folklore

/ By / Uncategorized

We bring to our readers a guest post by Shyama Kuriakose, a Masters Student at the NALSAR, Hyderabad. She has extensively worked on matters relating to intellectual property law and environmental law during her internships with civil society organisations, lawyers and law firms. “You cannot really know where you are going until you know where you have been.” The ancient civilizations of the world, with their contributions in the field of arts, literature, science, etc have led to the present

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Guest Post: Commercial Disparagement: Call for a Cost-Benefit Analysis?

/ By / Uncategorized

We bring you a guest post by Kartik Khanna a very promising student of the second year of NUJS, Kolkata. He is presently a member of the NUJS Moot Court Society and has also won the 2009 National Law School International Arbitration Moot Court Competition. Rin’s latest advertisement, placing itself to be a better bet than Tide is anything but squeaky clean (pun intended). Having done so, the ugly head of commercial disparagement has been reared again. P & G,

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