Others

Annual Report 2015-16 Review


I write to bring to your attention the Annual Report (2015-2016), compiled by the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (CGPDTM). Instead of coming up with a comprehensive summary of the report, that would largely comprise of drowning you in information, I will attempt to provide you with a basic overview that will help you in digesting and comprehending the otherwise bulky report. But first, I wish to bring to your notice a bit…


Read More »
Copyright

SpicyIP Fellowship 2017-18: Should DRM be an Integral Part of the Open Web?


We are pleased to bring to you another guest post by our Fellowship applicant Divij Joshi. Divij graduated from NLS, Bangalore in 2016 and is currently working at a leading law firm in Mumbai. This is his second submission for the Fellowship.   Should DRM be an integral part of the Open Web? Divij Joshi The future of the World Wide Web is the subject of a heated debate as the World Wide Web Consortium (“W3C”), the main standard setting body…


Read More »
Trademark

Real Milk, Real Ice Cream? Amul’s Advertisement Alleged to be Disparaging in Bombay HC


Amul, known for their quirky and contemporary advertising, seem to have found themselves in trouble over this recent advertisement (picture on the left) that compares them to other ‘frozen dessert’ companies. The advertisement claims that while they use ‘real milk’ to make ‘real ice cream’, other ‘frozen dessert’ companies use Vanaspati oil. As reported by Livemint, Hindustan Unilever Limited (HUL), and Vadilal have taken Gujarat Cooperative Milk Marketing Federation Limited (GCMMF) to  Court, claiming that this Amul advertisement by GCMMF…


Read More »
Copyright Others

Finance Bill, 2017: Turning the Constitution on its Head


Last month, Pankhuri had reported on how the Copyright Board is set to be merged with IPAB through an amendment to the Copyright Act through the Finance Bill, 2017 (“Bill”) and raised the question as to how such a non-taxation proposal could have been brought through the Bill. In what should essentially have been legislated through an ordinary bill, with the assent of Rajya Sabha, the government decided to slip-in the amendments relating to a number of non-fiscal legislations into…


Read More »
Others

SpicyIP Weekly Review (April 09-15)


The topical highlight for the week was Pankhuri’s post alerting the readers about the stay granted by the Division Bench of the Delhi High Court on the earlier order passed by the Single Judge restoring the license contracts between Monsanto and the seed companies. Although the order does not decide on issues such as the validity of the termination of the contracts, it brings the parties back to status quo vis a vis the contracts and renders them inoperable. The…


Read More »
Others

Inaugural Issue of NLU Jodhpur’s Journal of Intellectual Property Studies Launched


We are happy to inform our readers that the inaugural issue of the Journal of Intellectual Property Studies, established under the auspices of National Law University, Jodhpur, India, has been launched. The journal’s announcement on the launch reads as follows: “The Journal has been established with the goal of disseminating high-quality literature on intellectual property and technology laws. The Journal aims to play a constructive role in shaping discussions in the subject-area and encouraging debate on issues of vital importance. To this…


Read More »
Others

A Tale of Two Programs: How are Medicare and Medicaid Changing in the Face of Soaring Medical Costs?


We are pleased to bring to you a paper titled, ‘A Tale Of Two Programs: How Are Medicare And Medicaid Changing In The Face Of Soaring Medical Costs?’, by Jonathan Mentesana, as part of the SpicyIP Discussion Paper Series that we had kick-started here. Jonathan is a student at Texas A&M University School of Law and a certified Pharmacy Technician. He graduated from Oklahoma State University with a B.S. in Biology. An overview of his paper can be found below…


Read More »
Trademark

Rubik’s Cube: The Assassination of Artistic Freedoms and Genericide of TM


We are pleased to bring to you a guest post by Bharat Ganesan (name changed, since he wishes to keep his identity confidential), who is an attorney working in the US. This post is in opposition to Rahul’s recent post on the Bombay High Court’s interim injunction order restraining the use of ‘Rubik’s Cube’ as the title of a Marathi film. Rubik’s Cube: The Assassination of Artistic Freedoms and Genericide of TM Bharat Ganesan Dissent might be snuffed out in…


Read More »
Overlaps in IP

Part III: Qualcomm v. ACIT #Technology Supplement (CDMA)


Here I will be discussing the CDMA (‘Code Division Multiple Access’) tech. and its link with India. As legal analysts, we only need to understand that the link between a technology and its relation with the tax jurisdiction is relevant in determining tax liability. This has been discussed in detail in Part I (A&B). In other words, this piece is more of a supplementary piece for the enthusiastic reader who wishes to understand the underlying tech. to a greater depth…


Read More »
Copyright Overlaps in IP

Part II: Qualcomm v. ACIT #Royalty #“Copyright” and “Copyrighted Article”


If I haven’t told you already, let me warn that I might be additionally snarky over the course of this series on account of losing three perfectly solid pieces to a Microsoft Word malfunction. In this piece, I will be dealing with the distinction between “copyright” and “copyrighted article”, as discussed in the marvellous 120 paragraph order of Qualcomm. v. ACIT. As usual, let us quickly get acquainted with the so-called “Relevant facts”. Once, there existed a software called Binary…


Read More »