Trademark

Trademark Protection amidst the Jolly LLB 2/Bata Controversy


  The State v. Jolly LLB 2 (“Jolly LLB 2”) isn’t having an entrance as cheerful as one would expect from its title, as it seems to have found itself in the middle of several legal issues. While their run in with the censor board was recently resolved, I will be focusing on the question of trademark disparagement, infringement and dilution with regards to their spat with Bata. Background Although the Central Board of Film Certification (“CBFC”) had cleared Jolly…


Read More »
Others

SpicyIP Ranked 3rd in List of Top 15 IP Blogs: But Anti-IP?


We are extremely delighted to inform our readers that SpicyIP has been ranked 3rd in a list of top 15 IP blogs published on BuzzFeed last month. The note on SpicyIP reads as follows: “3.SpicyIP This Indian blog was founded by Prof. Shamnad Basheer in 2005, and is run by analysts and fellows who are dedicated to providing incisive posts in the field of intellectual property rights, with the website being constantly updated with regular posts to reflect the ever-changing…


Read More »
Others

Announcing the 5th SpicyIP Fellowship 2017-18!


Itching to write? On an exciting IP topic of your choice? What are you waiting for? Apply immediately to become a SpicyIP Fellow! Year after year, our fellowship series has attracted some of the brightest minds to the world of IP. We are now pleased to announce the 5th edition of the SpicyIP Fellowship for 2017-18.    SpicyIP Fellowship 2017-18 For those of you new to the blog, the SpicyIP fellowship is a coveted position for those seeking to make…


Read More »
Others

SpicyIP Weekly Review (January 29 – February 4)


Our topical highlight this week is Ritvik’s 2-part analysis of TRAI’s recent tariff order on the rights of broadcasters under the Copyright Act. In the first part, he sets forth the central features of the Order, the principal aim of which is to impose an obligation on broadcasters to provide the MRP of their channels on a-la-carte basis. Thereafter, he explains the key objections that broadcasters have raised as regards the legal tenability of the Order. Relying on a Delhi…


Read More »
Patent

First ever TRIPS amendment enters into force to formalise Para 6 system


In previous posts, we have blogged about the so-called Paragraph 6 System, which reconciles an apparent tension between the competing objectives of protecting patent exclusivity and ensuring access to healthcare in Least Developed Countries (LDCs). Article 31 of the TRIPS governs uses of a patented invention without the authorisation of the patentee. In simple terms, Article 31 regulates the issue of Compulsory Licences by states party to the TRIPS. Article 31(f) clearly provides that CLs shall only be issued “predominantly for…


Read More »
Copyright

Attention musicians & songwriters: IPRS to hold Extra-ordinary General Meeting on February 9, 2017 to replace its Articles


At long last, the Indian Performing Rights Society (IPRS) will be holding an extra-ordinary general meeting (EGM) on February 9, 2017 to begin the process of overhauling its governing regulations. This has been long overdue since IPRS has been on the wrong end of the law for a long time as we explain here and here. The notice laying down the agenda for the meeting can be accessed on the IPRS website over here. The first item on the agenda…


Read More »
Events

SpicyIP Events: [email protected] Conference 2017, New Delhi


We are happy to announce that the Appellate Body of the World Trade Organization (WTO), together with National Law University, Delhi, is organizing the [email protected] Conference in New Delhi on February 16-18, 2017 to mark the 20th anniversary of the establishment of the WTO. Five highly successful conferences as part of the [email protected] series have already been held at Florence (Italy), Seoul (South Korea), Beijing (China), Cancun (Mexico), and Cambridge (USA). The Conference in New Delhi (India) will be the final event…


Read More »
Patent

A Patent Application Published 20 Years After Its Filing in India


We are pleased to bring to you a guest post by Vijaykumar Shivpuje. Vijay is a Patent Agent and an IP consultant. He brings with him more than 12 years of experience in IPR with multi-national pharma organizations and is also the owner of “VPATAPP”, a mobile app designed for patent professionals. He can be reached at [email protected]   A Patent Application Published 20 years After Its Filing in India Vijaykumar Shivpuje Indian Patent Office published around a  total of 41,000…


Read More »
Trademark

Delhi High Court on Trans-Border Reputation in Trademark Law


The Delhi High Court, in its judgment in Prius Auto Industries Ltd & Ors. v. Toyota Jidosha Kabushiki, inter alia considered the aspect of trans-border reputation in fairly well-detailed terms.  Both the parties were represented by leading IP practitioners. The judgment is significant for practitioners in understanding the strategy adopted, the kind of evidence submitted before the Court and finally, Court’s approach towards the same. [Note: This post shall deal only with the aspect of trans-border reputation.] Facts Toyota used…


Read More »
Copyright

Making Copyright Lose Again: Donald Trump and Plagiarism Allegations


Given the serious nature of the many wrong doings that Donald Trump has been accused of, copyright infringement is certainly going to be on the bottom of the list of his misdemeanours and something his lawyers should be least bothered about. Nevertheless, with every passing day, charges of plagiarism against Trump and his coterie seem to be piling up. While most of these charges may have an element of truth to them, whether any of them would actually stand the…


Read More »