Protecting Wal-Mart’s Trademark in India

/ By / Trademark

India’s first Wal-Mart store isn’t slated to open until next August. Yet the battle lines for protecting intellectual capital are already being drawn. The Delhi High court has injuncted a Delhi based Indian firm from using Wal-Mart as either their trademark or trade name on the ground that the same infringes the trademark of Wal-Mart. The Delhi based Indian firm used Wal-Mart as their trademark in the Indian market. Aggrieved by this, Wal-Mart filed an injunction petition before the Delhi […]

Protecting Wal-Mart’s Trademark in India Read More »

Patenting Slokas:Offbeat Chants!

/ By / Uncategorized

The Yoga- Patent imbroglio effectively fueled by media hyperbole and rhetoric continues unabated albeit with a small detour. After doing the wrong stretch on yoga, this time around it’s a wrong chant of the Slokas The debate has progressed (or should I say regressed) to patenting of Slokas.Slokas are traditional Sanskrit Verses that are found in ancient Vedic texts. As such the term ‘sloka’ could be used to broadly mean and include verses from ayurvedic texts; verses that are chanted

Patenting Slokas:Offbeat Chants! Read More »

谷歌贏爭端 – I meant "Google wins dispute"

/ By / Uncategorized

What does Chen Zhaoyang have in common with gmail? Forget it, don’t rack your brains as the answer is “nothing”. He is a cybersquatter who registered the domain name gmail.co.in in 2005. Google filed a complaint with the National Internet Exchange of India under the INDRP (.in Dispute Resolution Policy) seeking a transfer of the domain name in their favour. Today’s Hindu Business Line reports that the sole arbitrator Mr. A K Singh who was appointed by NIXI has passed

谷歌贏爭端 – I meant "Google wins dispute" Read More »

RANBAXY TAKES ON PFIZER AGAIN IN CADUET CONTROVERSY

/ By / Patent

Down to Earth has an interesting story on the Caduet patent dispute, yet another big ticket litigation between Ranbaxy and Pfizer. Rohan George states: “Indian drug manufacturer Ranbaxy is contesting US multinational Pfizer in 17 countries. It is filing for the right to manufacture generic versions of the world’s bestselling drug Lipitor and a combination drug Caduet, in the us. At the crux of the dispute is Pfizer’s designs on a patent extension by combining Lipitor with another drug: Norvasc.

RANBAXY TAKES ON PFIZER AGAIN IN CADUET CONTROVERSY Read More »

INDIAN GOVERNMENT COMMITTEE SAYS "NO" TO DATA EXCLUSIVITY

/ By / Data Exclusivity, Patent

After multiple deliberations spanning more than 3 years, a government committee has finally submitted its report on regulatory data protection and Article 39.3 of TRIPS. It finds that Article 39.3 does not require “data exclusivity” and that, at the present moment, it may not be in India’s national interest to grant “data exclusivity” to pharmaceutical drug data. It relies heavily on the Doha Declaration to support this interpretation. It argues that a “trade secrecy” form of protection is sufficient to

INDIAN GOVERNMENT COMMITTEE SAYS "NO" TO DATA EXCLUSIVITY Read More »

In the teeth of the issue

/ By / Uncategorized

The Delhi High court has injuncted Ajanta India Ltd. from using a red and white packaging for its toothpowder cans on the ground that the same infringes the trademarks and copyrights of Colgate-Palmolive and directed the former to file an affidavit of compliance. Ajanta was initially marketing its toothpowder in a red can. Recently, they switched over to a can which allegedly echoed the trade dress of the Colgate Toothpowder packaging in red and white colour combination. Colgate immediately brought

In the teeth of the issue Read More »

Spy.vs.Spy— Dynamics of Trade Secret Protection

/ By / Uncategorized

The ongoing case of Purolite vs. Thermax is yet another addition to the long litany of cases pertaining to the area of Trade Secret Protection. This one comes with an interesting cross-border aspect. Purolite, a world leader in the water treatment business has slapped a Corporate Espionage suit on the Indian held company Thermax. Both Companies engaged in similar areas of core competencies, it is alleged that Thermax instigated employees of Purolite to steal Intellectual Property that constitute vital Trade

Spy.vs.Spy— Dynamics of Trade Secret Protection Read More »

Ebay and Rowling (Part II) – Confounding the Conundrum!

/ By / Uncategorized

As promised a few months ago, I bring you the final outcome of the eBay-Rowling controversy. In a detailed order running into 16 pages, the Delhi High Court has ruled on 31st May 2007 that …the responsibility and/or liability of the defendant No.5 who runs the said website (i.e. eBay) facilitating sale and purchase of goods and services by intending sellers and purchasers using its website, when such sale amounts to infringing the rights of others-like the present one where

Ebay and Rowling (Part II) – Confounding the Conundrum! Read More »

Spy.vs.Spy — Dynamics Of Trade Secret Protection.

/ By / Uncategorized

The ongoing case of Purolite vs. Thermax is yet another addition to the long litany of cases pertaining to the area of Trade secret Protection. This one comes with an interesting cross-border aspect. Purolite, a world leader in the water treatment business has slapped a Corporate Espionage suit on the Indian held company Thermax. Both Companies engaged in similar areas of core competencies, it is alleged that Thermax instigated employees of Purolite to steal Intellectual Property that constitute vital Trade

Spy.vs.Spy — Dynamics Of Trade Secret Protection. Read More »

Scroll to Top