Others

Is Justice Manmohan Singh’s Appointment as Chairperson to IPAB in Line with Law Laid Down in Shamnad Basheer v. Union of India?

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As Pankhuri informed us yesterday, it is virtually certain that Justice Manmohan Singh who retired from the Delhi High Court, will be the next chairperson of the Intellectual Property Appellate Board (IPAB). His appointment has been made under the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 which derives its authority from the Finance Act, 2017. As reported earlier, the constitutionality of these rules and the relevant provisions of the Finance Act, 2017…


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Others

SpicyIP Jobs: Associate/Senior Associate – Patents at Remfry & Sagar, Gurgaon & Chennai

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We are pleased to inform our readers that Remfry & Sagar, one of India’s leading IP law firms, is looking to recruit 10 candidates for the Associate/Senior Associate – Patents position for its Gurgaon and Chennai offices. For further details, please read the job description below: About the Firm Remfry & Sagar, India’s premier Intellectual Property law firm, with over 225 personnel, is expanding its operations and looking to recruit qualified patent attorneys, science/engineering graduates and lawyers (with technical/science backgrounds) for…


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Trademark

Delhi HC Issues Directions for Time Bound Issuance of Certified Copies of TM Records

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Last month, the Delhi High Court through Justice Endlaw issued directions to the Registrar of trademarks, facilitating time bound issuance of certified copies of trademark office records. These directions were issued via an order passed in pursuance of a revision petition filed by the Registrar of trademarks (C.R.P. No. 146/2015). The revision petition was filed against an order of the Additional District Judge, issuing proclamation against the Registrar, under Order XVI Rule 10 of the CPC for non-production of records…


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Others

Singh Is King! : IPAB Ceases to be Headless with Justice (Retd.) Manmohan Singh’s Appointment as Its Chairman

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In a post last year, Prof. Basheer had informed us of a speculative piece of news that Justice Manmohan Singh, former judge of the Delhi High Court, would soon succeed Justice (Retd.) K.N. Basha as the Chairman of the Intellectual Property Appellate Board (IPAB) after his retirement. If certain recent web reports (see here, here, here and here) and an information note (which seems to be one issued by the government) are to be believed, this could well have come…


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Trademark

Not in God’s Name: Bombay HC Refuses Monopoly Over Names of Hindu Gods

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I have often worried about the tendency of our Gods these days, to slip out of our churches, mosques and temples and dance (the proverbial tandav?) about our secular spaces. It could be that my thinking is influenced by the ‘sickular’, ‘libtard’ narrative. But, no Indian will deny that the usurpation of the secular space by our Gods, influences reactions of a very limited range – anger, fear, sadness, and sometimes just a massive facepalm. Perhaps the only upside is…


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Patent

Nobody Puts Beautiful (IP) Babies in a Corner!

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  Babies are a boon for some. And a bane for others! Particularly brand name owners who find their names being appropriated by pirate parents who think nothing of marring their young ones with “marks”. Think Sony Singh, Google Ganguly or even Nokia Nair (a fine one for those South of the Vindhyas). For those interested, I did a post on branded babies some years ago. More recently (last year in fact), babies featured in a heated IP battle involving…


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Others

SpicyIP Weekly Review (August 13-19)

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This week started with Prashant’s post about the numerous judgements of the Delhi High Court which have continued to apply the overruled judgement in Time Incorporated v. Lokesh Srivastava, relating to the grant of punitive damages in IPR cases. The cases show a disturbing misstep in the court’s refusing to follow the rule of stare decisis on the binding nature of the judgements of larger benches of the court. The next post was Harshvardhan’s exposition on trademark bullying, in the context of the dispute between eBay…


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Trademark

Trade Marks and Charitable Organisations

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I had earlier written on the trademarks obtained by Missionaries of Charity. In the absence of reliable data, I had made several conjectures and therefore, the whole picture was not set out. At this juncture, we are lucky to carry an article written by Ms. Latha R. Nair, one of the top IP lawyers of the country, on Trade Marks and Charitable Organisations. She is a partner with the IP boutique, K&S Partners and has blogged many a times for…


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Privacy

The Privacy Case – Looking Past Semantics

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We are pleased to bring to you a guest post by Jaideep Reddy on the ongoing SC case on right to privacy. Jaideep is a technology lawyer at Nishith Desai Associates. The views expressed in this post are personal. We had earlier published a few snippets of an article co-authored by him on problems of delegated legislation/executive action here.   The Privacy Case – Looking Past Semantics Jaideep Reddy Next week, the Supreme Court is expected to answer the question that…


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Copyright

Delhi HC Imposes Cost on Nitish Kumar for Abuse of Process of Law

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While Nitish Kumar has got away with the wiliest of political manoeuvring in the recent past, the Delhi High Court has caught him off-guard with a move of its own. In its order dated August 2, 2017, the Delhi High Court has imposed cost of Rs.20,000 on  the Bihar Chief Minister for filing a frivolous application in a copyright infringement suit. The interlocutory application by Nitish Kumar under Order I Rule 10(2) of the Code of Civil Procedure, 1908, seeking…


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