Others

SpicyIP Fortnightly Review (September 17-30)


I had written a post on the latest Mahindra-Fiat dispute. The US International Trade Commission has instituted an investigation under Section 337 of the Tariff Act against Mahindra on the basis of Fiat’s complaint. Fiat alleges that its trademark in the grills of the “Jeep” has been infringed by Mahindra’s “ROXOR”. In my post, I briefly summarise similar disputes which have occurred in the past between Fiat and its rival companies (including Mahindra) and reflect upon Fiat’s “protectiveness” about its grills….


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part III)?


We’re pleased to bring to you yet another insightful post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. This post is Part III of the three-part post where Prof. Gopalakrishnan critically examines the procedure followed for registration of farmers’ varieties. Parts I and II of the post can be viewed here and here and the earlier posts in the series, here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part III)? Prof….


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Trademark

McCarthyism in Indian IP


Scared you, didn’t I? With the title I mean. Triggering memories of an evil epoch in US history where fear reigned supreme. Where friends told on friends, to appease a blood thirsty committee trying to eradicate the curse of communism from a capitalistic America. But this McCarthy is a far cry from the evil one. This is J Thomas McCarthy, an IP rock star who influenced the course of trademark law, not just in the US but in far flung shores…


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Trademark Unfair Competition

Mahindra Embroiled in Another “Fiat”-sco!


A long-standing rivalry between Mahindra and Mahindra and Fiat Chrysler Automobiles took a new turn on 11th September 2018, when the US International Trade Commission (“USITC”) [the US federal agency which investigates matters of trade and interrelated IP infringement issues] instituted an investigation based on a complaint made by Fiat. In its complaint, Fiat makes allegations of trade dress, trademark infringement and unfair competition under Section 337 of the Tariff Act of 1930 against Mahindra for “sale of certain motorized vehicles and components”. Section 377 provides…


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Others

SpicyIP Weekly Review (September 10-16)


Thematic Highlight In his guest post, Adarsh Ramanujan argued that there is a hidden indictment of the Aadhar Act in the Justice Sri Krishna Committee Report and its proposal for the Personal Data Protection Bill 2018. He argues that the proposal’s suggestions to make UIDAI’s functioning subject to the proposed Bill, mandating an online-offline verification split and amend Section 29 of the Aadhar Act all indicate that the Report identifies Aadhar as a problem in the data protection regime. Topical…


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Patent

Bombay HC Addresses Ambiguity in the Patent Agent Examination


The Bombay HC recently delivered an order dealing with certain objections raised against the Patent Agent Examination, 2016. In their decision, they interpreted the Supreme Court’s decision in Kanpur University v. Samir Gupta (“Kanpur University”). This post examines the questions which arise due to the Court’s interpretation and application of this decision. The Question in Issue The Petitioner (a candidate who appeared for the said Examination) raised contentions regarding the answer options of a multiple choice question in the Examination…


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Privacy

Is There a Hidden Indictment of the Aadhaar in the Justice Sri Krishna Committee Report?


We’re pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an advocate primarily assisting clients as a litigation attorney. He has recently started his own counsel practice with offices in Delhi and Chennai after having spent consideraaadble time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. He is a qualified Patent Agent…


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Copyright

Petition Filed in Supreme Court to Challenge Constitutionality of Provisions on Compulsory and Statutory Licensing in the Copyright Act


In a notable development, Lahari Recording Company has challenged two provisions of the Copyright Act, 1957 (“Act”) in the Supreme Court. The gravamen of Lahari’s case is that the impugned provisions infringe their fundamental and constitutional rights and fundamentally alter the bargain that the copyright system is founded upon, by taking away the incentive for copyright owners to create original content. At issue are Sections 31(1)(b) and 31D of the Act. While the former puts in place a system of…


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Others

SpicyIP Weekly Review (September 3-9)


Thematic Highlight  In Prashant’s latest update on the bedaquiline  controversy, he discusses about how The Hindu’s science editor pitched for increasing access to bedaquiline to treat MDR-TB. In response to this, he reiterates his argument in earlier posts: Since Phase III trials for the drug has not been conducted yet, regulatory approval for the same should not be given. In the latter part of his post, he points out that journalists have not addressed the government’s scandalous consent forms for providing…


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Drug Regulation

Yet Another Journalist Pitches for Ramping Up Access to Bedaquiline before Phase III Trials, Without a Mention of the Flawed Consent Forms


In a column published on September 4, 2018 the Hindu’s science editor R. Prasad has explained why India should ramp up access to bedaquiline to treat MDR-TB. Unlike most of the other cheerleaders for bedaquiline, Prasad thankfully points out that the drug demonstrated higher cardiotoxicity and that Phase IIb trials experienced more deaths and that the Phase III trials are yet to be completed. He however concludes that the recent revision of the WHO treatment guidelines on bedaquiline, that was…


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