European Court of Justice Rules in Favour of Google Adwords Program

/ By / Trademark

SpicyIP has earlier blogged on the Google Adwords controversy wherein we had discussed the opinion of the Advocate General (AG) before the European Court of Justice in the dispute involving Google and Louis Vuitton. On the 23rd of last month, the ECJ held in favour of Google ruling that its sale of trademarks as keywords under its lucrative Adwords program is not violative of the right of the trademark owners. The ECJ distinguished between use of the registered trademark by […]

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An Indian Bar Exam in the Offing?

/ By / Uncategorized

Despite being passed in December 2009, a Supreme Court judgment with tremendous ramifications for the practice of law came to our notice only recently. In Bar Council of India v. Bonnie Foi Law College, Justice Dalveer Bhandari and Justice H. L. Dattu mandated the Center to conduct bar examinations to test candidates for their suitability or otherwise for entry into the legal profession. You heard right: current law students who expect to graduate this year may not be able to

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Guest Post: Arguments against Software Patents in India

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The Centre for Internet and Society (CIS) is a name familiar to many owing to its engagement with matters concerning digital pluralism, public accountability and pedagogic practices in the field of Internet and Society, with particular emphasis on South-South dialogues and exchange. The organization seeks to influence the form of internet and its relation with the contemporary political, cultural, and social environment, by way of research, intervention, and collaboration. The Spicy IP team is glad to bring forth to the

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The Great Indian Paradox – India preparing to challenge E.U. regulations at the WTO while also attempting to seal the Indo-E.U. FTA

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Yet again, an anonymous official of our democratically elected government, has informed the ET that the Indian Government is ready to file a WTO complaint against the E.U. for the ‘seizure’ of transiting Indian drug consignments. Apparently talks with the E.U. over the issue have failed and the Indian Government is waiting for the Brazilians to get domestic clearance before both countries file a joint complaint against the E.U. In October, 2009 we had blogged on similar news reports which

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DRMs in the draft Copyright Amendments

/ By / Copyright

Recently, we’ve had a well written guest post by Amlan Mohanty, wherein he discusses several conceptual and practical problems with laws for the anti-circumvention of technological measures. As pointed out in the post, India is not a member of the WIPO Treaties such as WCT (WIPO Copyright Treaty) or WPPT (WIPO Performances and Phonogram Treaty), and therefore is not obligated to be importing/implementing DRM provisions into the Copyright law, not to mention that it is a TRIPS plus provision; yet,

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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

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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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