Bombay HC rules on Copyright in Drawings: Part II

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The case of Indiana Gratings v. Anand Udyog which was previously reported on the blog was based solely on an article. This post briefly will deal with the nuances of the judgment to elaborate upon the analysis in the preceding post. – The present drawings were not registrible under the Designs Act. Apart from the West v. Francis, importantly the following highlights of this section of the judgment must be pointed out: (a) A design that is multiplied/ intended to […]

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Bombay HC rules on the Infringment of Copyright in Drawings

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A recent article on Mondaq has reported the judgment of the Bombay High Court in the case of Indiana Gratings Private Limited & Anr v. Anand Udyog Fabricators Private Limited & Ors. While the article provides the following citation -2009 (39) PTC 609 (Bom)- this judgment is as of now unavailable on internet web resources, and so the article will primarily be used as a reference point for the facts and issues. (Any additions or clarifications to this post shall

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MS v Linux: Sparks of the Tom Tom Fire stubbornly refuse to die

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In course of the last decade, every once in a while Microsoft has been known to have accused Linux of infringing one of its patents or another. Despite the said multiple claims for years that elements of the open-source operating system violate its patents, Microsoft had restricted itself till 2009 to supporting legal action against Linux (for instance, the infamous alleged funneling of money by Microsoft to SCO so as to fuel the latter’s lawsuits against IBM and other Linux-user

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Is "Science" Essential for Creating Patent Lawyers: Some "General" Thoughts

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In an earlier post, I discussed a Supreme Court case filed against the grant of BCI (Bar Council of India) permission to IIT-Kharagpur’s Rajiv Gandhi School of IP (RGSOIPL) and noted that: “Given the sheer dearth of skilled patent lawyers in this country, I am very partial to the idea of a specialised IP law school. Particularly since the premier legal institutes in the form of the National law schools do not focus on science at all, a discipline that

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An IP Policy for the Aam Admi: Is the new UPA Government up for the challenge?

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It’s been two weeks since the Indian electorate, defying all poll predictions, voted the Congress led UPA Government back into power (minus the comrades from the Left parties). The resounding victory of the UPA Government is widely seen as the vindication of the UPA’s aam-admi (common man) policies such as the NREGA and the agricultural loan waiver. Since PM Manmohan Singh’s government has proposed a 100 day action plan for various ministries it is but obvious that we must chip

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WIPO copyright treaty for blind kept on hold

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There were a few anxious faces in WIPO, Geneva (and elsewhere) yesterday, as a US-Canada-EU lobby tried to block a copyright treaty proposal protecting the rights of people with disabilities to access digital material. Discussions were left hanging, though, and will continue in the next edition of the Standing Commitee on Copyright and Related Rights (SCCR), tentatively scheduled for Nov 30-Dec 4 2009. The Treaty, which can be accessed here, was introducted by the World Blind Union, and tabled by

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IP management in Indian agricultural research

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The public-funded agricultural research system in India is gradually trying to supplement its “soft” defence against misuse of IP (e.g., through placing assets in the public domain through disclosure) with more aggressive IP protection strategy, in keeping with evolving national and international policy. But IP management in agricultural research in the country continues to be challenged by constraints of scale, human resource, and awareness, among other things. This directly impacts the system’s ability to strategically leverage its traditional advantage of

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"Quinn" Poll for Leading Patent Blog: Please Vote

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For those interested, Gene Quinn of IP Watchdog is conducting a poll of the top patent blogs. He has listed 50 leading patent law blogs and is calling for readers to indicate their favourites. SpicyIP is grateful for making this shortlist. Gene’s survey comprises two key questions:i) Which is your favourite blog (only one selection can be made here)ii) Which blogs do you regularly read (multiple selections can be made here) Voting continues till 30 June and the results are

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"Bullet" Kurian Unleashes More Reforms To Indian Patent and Trademark Office

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“Bullet” Kurian, the swift high energy Controller General of the Indian Patent and Trademark Office, has struck again. And this time with a good 5-6 policy measures aimed at streamlining the functioning of India’s patent and trademark administration and making it more transparent and efficient. Some of the prominent ones are listed below: 1. Specialised Work Allocation An oft cited problem with the Indian patent office is the fact that patent applications are often allocated arbitrarily to examiners, without regard

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Susbscription to SpicyIP Posts

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We had some issues with the “google groups” box that was prominently displayed on the blog earlier. Therefore we switched to Feedblitz, which was the second best option. We’ve now resolved the google groups issue and have the box back. For those of you who wish to subscribe to SpicyIP posts (this way, you can receive all posts in your email inbox without having to come back to the blog each time to check for new posts), please enter your

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