Patent

Chemtura Patent Restoration: Bombay HC Reverses IPAB’s Revocation Order


On 19th June, the Bombay HC in exercise of its writ jurisdiction, passed an order restoring Chemtura Corporation’s patent (patent number 213608) on the register. While doing so, the Court also effectively overturned a 2012 IPAB decision revoking the same patent. Prior to this, the Chemtura patent had been subject to judicial scrutiny in 2009. We covered that order extensively over here and in passing here. The facts leading up to the present order are as follows: Chemtura was granted…


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Others

SpicyIP Weekly Review (July 9 – July 15)


Our thematic highlight for this week also doubles as the debut post of our First Scholar in Practice, Harshavardhan Ganesan. Through his post, Harsha attempts to revisit ‘publicity rights’ – a term he uses interchangeably with ‘personality rights’. Beginning with an introduction into the concept of publicity rights, he quickly moves on to his core argument: that publicity rights do not fit within the IP regime. He justifies this argument with the observation that Publicity Rights are lacking in several…


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Copyright

Copyright Society or Company? Indian IP’s Home Grown Identity Crisis


Termed as one of our very own pet peeves, Indian copyright societies have been the subject of several of our posts over the years. True to that topical history, we would like to direct our readers’ attention to a development from March, this year. Having stayed under the radar for the most part, it hadn’t been picked up by media channels, until last week in a coverage by radioandmusic.com. The report, which is available here, helpfully notes, “Quietly and almost…


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Others Trademark

Canada Throws a Google-y at Judicial Comity on the Internet, issues ‘Global’ Injunction


The Supreme Court of Canada, in its decision in Google v Equustek, on June 28, 2017, issued an injunction against Google and ordering it to operate in every jurisdiction in which Google operates, effectively making it a global injunction. The decision of the Supreme Court follows a growing trend in various jurisdictions of requiring intermediaries to give global effect to jurisdiction-specific laws. Case History and Background The case involved a suit for passing off, misappropriation of trade secrets and online…


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Others

SpicyIP Weekly Review (July 2-9)


Thematic Highlights: Post Title: Real Ice cream, Real Disparagement: Bombay HC Shuts Down Amul’s Advertisements (Part I and Part II). Author: Sreyoshi Guha Categorization: Comparative Advertising, Trademark  Discussion Points: Attempting to decode a Bombay HC Order, restraining Amul from airing its advertisement (of the real ice cream/vanaspati fame), Sreyoshi discusses the following concepts: i. Whether relief exists against generic disparagement. ii. “Ice Cream“, “Frozen Dessert“, “Vegetable Oils” & “Vanaspati Tel” and the Advertisement running afoul in content, despite being semantically…


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Patent Plant Variety Protection

NOC requirement for registering or releasing new plant varieties scrapped


As per a recent report in the Financial Express by Vivian Fernandes, the PPVFR Authority, constituted under the Protection of Plant Variety & Farmer’s Rights Act, 2001 has finally done away with a long-standing requirement of producing a ‘No-Objection-Certificate’ (NOC) from the patentee of a particular GM trait that is used by a breeder while developing a new plant variety and which variety he seeks to register under the PVPFRA. Since the interplay of these rights is slightly confusing, let…


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Others Privacy

Reveries of a Publicity Right


At the outset, I would be remiss if I didn’t thank Professor Shamnad Basheer and the rest of the SpicyIP team, for this opportunity as well as the magnanimous gesture of allowing me to be the first scholar in practice! I am humbled and grateful for this opportunity so a huge thank you once again! As Adam Burish said, “It’s not pressure, it’s excitement”. Reveries of a Publicity Right By now, most of our readers would be familiar with what…


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Others

SpicyIP Welcomes Its First ‘Scholar in Practice’


We are thrilled to announce that SpicyIP is introducing a new position on the blog called ‘Scholar in Practice’. These scholars will be exemplary lawyers and thought leaders who are actively engaged in the practice of IP law and who will therefore lend a bit more of the practitioner perspective to the blog. As many of you know, the core team of the blog comprises mainly academics, researchers and students. We are therefore opening up this position to infuse more…


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Trademark

Matal v Tam and the Question of Free Speech and Trademarks – Part II


In Part I of this post, I reported on the US Supreme Court’s groundbreaking judgement in Matal v Tam, which held that trademarks qualify for the protection of speech under the first amendment of the constitution of the US, and consequently, a provision of law which refused registration based on the fact that such trademarks may be disparaging to certain individuals or groups, was struck down. This post examines the issues in Matal, on the relationship between trademark law and…


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Copyright Publication

Cultivating The Commons


Private IP rights are often seen to conflict with the larger public interest in accessing knowledge and the “commons”. Justice Prabha Sridevan recently penned a powerful piece on the commons, framing it not just through an IP lens but through a wider perspective involving the environment etc. Here are some excerpts:  ‘Even after man felt that there was need for fences and certificates of ownership, he still recognized that some lands must be kept in common for use by all…


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