Trademark

A Freudian Flip by the Delhi High Court – Of Trademark Similarity and a Psychological Slippery Slope


In Gillette Company LLC vs. Tigaksha Metallics Private Ltd, the Delhi High Court recently passed an order deciding to extend an ex-parte injunction restraining the defendant from infringing the plaintiff’s mark. Interestingly, the decision in favour of the plaintiff hinged a lot on psychological theories, about associative thinking and memory retrieval, read and endorsed by the judge. Background The plaintiff, Gillette, instituted a suit against two defendants, Tigaksha Metallics Private Limited and Supermax Personal Care Private Limited, seeking a permanent…


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Patent

Trumping Trips: Indian Patent Proficiency and the Evolution of an Evergreening Enigma


In an earlier post, I argued that an Indian supreme court decision may have unwittingly unleashed a Chinese blockbuster. As promised, here is a bit more on this stupendous Supreme court (SC) ruling that effectively denied Novartis a patent over its blockbuster anticancer drug, Glivec. And raised the bar for pharma patents in the bargain! For those interested, here are some excerpts from a recently published piece of mine in the Oxford University Commonwealth Law Journal (OUCLJ) capturing the core…


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Others

SpicyIP Weekly Review (July 15-22)


We have had another eventful week at the blog. Thematic Highlight Our thematic highlight for this week came from a guest post by Dr Balakrishna Pisupati, who wrote on the strict interpretation of the Biological Diversity Act 2002 and associated rules, which has resulted in a number of people falling foul of the legislation’s penal provisions. Dr Pisupati highlighted the dissonance in the provisions on access to genetic resources and benefit sharing which have been interpreted by the Indian Govt….


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Others

IIPRD and K&K Offer Crash Course for Patent Agent Examination 2018


We are pleased to inform you that IIPRD along with Khurana & Khurana, Advocates and IP Attorneys (K&K) is offering a crash course for preparation for the Patent Agent Examination (PAE) 2018, which is tentatively scheduled to be held on 28th October, 2018. For further details of the course, please read the post below. Crash Course For Cracking Patent Agent Examination (PAE) 2018: By Senior Practicing Professionals Of IIPRD, And Khurana & Khurana, Advocates And IP Attorneys (K&K) IIPRD along…


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Drug Regulation Patent

Pharma Update: Russia Grants First Compulsory License for Anti-Myeloma Drug Revlemid, As German Supreme Court Upholds CL for HIV Drug Isentress


In moves that should have significant global impact on public health, an Arbitration Court in Moscow, Russia, granted Russia’s first Compulsory License for Lenalidomide (trade name Revlemid). In a similar development this month, the German Federal Supreme Court upheld a preliminary Compulsory License granted by a lower court for the HIV drug Isentress. The Russian License Unlike in India, the Russian judiciary has the exclusive authority to issue compulsory licenses. The CL is an outcome of the suit filed in…


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Trademark

P&G Wins Trademark Case Against Jamia Remedies


As per Livemint, the Bombay high court restrained UP-based Unani medicine company Jamia Remedies from manufacturing and selling its mouth dusting powder under the ‘Ora-B’ brand. P&G had earlier approached the Bombay high court against Unani medicine company, Jamia Remedies, alleging infringement of their trademark ‘Oral-B’. [Please note that I am yet to go through the Order. I am relying on news reports.] Procter & Gamble (P&G) had  also successfully sought the court’s intervention so as to permanently stop Jamia from…


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Trademark

A Note on Madras High Court Judgment in M/S.N.Ranga Rao & Sons vs M/S.Shree Balaji Associates


Background This Madras High Court judgment sets out certain significant pointers with respect to defensive registration (in the context of Trade Marks Act, 1958) and well-known marks (in the context of Trade Marks Act, 1999). My endeavour is to highlight these aspects of the judgment. This writ petition was filed by the petitioner praying to quash the order dated 04.01.2013 passed by the 2nd respondent viz., Intellectual Property Appellate Board. The IPAB had earlier allowed the appeal filed by the…


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Trademark

In a Passing Off Suit, Delhi HC Refuses to Grant Interim Relief by Adopting Dubious Logic


In an interesting judgment delivered earlier this month, the Delhi High Court adopted a highly tenuous (and bizarre) line of reasoning in arriving at the conclusion that the plaintiff was not entitled to passing off relief at the interim stage. But first, the facts. Plaintiff No. 1, one Rohit Singh, a software developer who works for plaintiff no. 2, Vyooh Low Level Computing LLP, claimed that he developed a proprietary software product called Split View. The distinctive attribute of this…


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Events

SpicyIP Events: The Sports Law & Policy Symposium 2018 [August 17-18, New Delhi]


We are pleased to inform our readers that the Sports Law and Policy Centre (SLPC), Bangalore is organising the second edition of the SLPC Symposium on August 17-18, 2018 at the India International Centre, New Delhi. Apart from sports law issues, some of the issues which will be discussed in the Symposium include refreshing sports broadcasting regulation in India, whether celebrities should be held liable for the products they endorse etc. For further details of the event, please read the…


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Biological Diversity

Protecting India’s Biodiversity: Are we all Criminals?


We are pleased to bring to you an insightful guest post by Dr. Balakrishna Pisupati on the interpretational and other issues in respect of India’s Biological Diversity Act and Rules. Dr. Pisupati is an internationally renowned conservation and development specialist with close to three decades of experience working at national, regional and international levels, holding positions such as Vice-Chancellor, TransDisciplinary University (TDU, India), Chief of Biodiversity, Land Law and Governance programmes at United Nations Environment Programme (UNEP, Kenya), Senior Policy…


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