Trademark

Global Trademark Report Card, 2019 (Special 301 Submission) – II

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This is the second and last post covering submissions with respect to trademark (the one first can be viewed here). While making comments, I have relied on inputs provided by various practising lawyers based out of Delhi and other parts of India. Court Proceedings: The Report notes that, ‘it may require at least two-to-three years for court proceedings to be decided, sometimes longer (up to seven years), particularly in courts other than the Delhi High Court. The Commercial Courts Act,…


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Patent

COVID-19: Invoking Fundamental Right to Health to Push Govt to Use Patent Law Levers

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We’re pleased to bring to you an incisive guest post by Rahul Bajaj, arguing that it is not only wise for the Government to use the patent law flexibilities to ensure accessibility to medical devices required to combat COVID-19, but also mandated by the fundamental right to health guaranteed under the Constitution of India. It also reflects on the role that the courts can play in this regard. Rahul, a former fellow at SpicyIP, is an MPhil in Law candidate (Rhodes…


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Trademark

Global Trademark Report Card, 2019 (Special 301 Submission) – I

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In these posts, from an Indian perspective, I shall discuss the main points of ‘2019 Global Trademark Report Card’ by Trademark Working Group (Special 301 Submission for 2020) [For complete list of documents, click here]. i) Certification standards The submission expresses its disapproval over the procedure for registration of certification marks (especially on 4-month opposition period regarding certification mark standards). It says that, as a result of the procedure, the owner of the mark may lose control over its certification…


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Comparative Advertising Trademark

India’s First Covid-19 IP Dispute? Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark

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In what seems to be India’s first (reported) coronavirus related IP dispute, Hindustan Unilever (HUL) took Reckitt Benckiser (RB) to the Bombay High Court over RB’s most recent Dettol handwash advertisement, alleging that it disparages HUL’s Lifebuoy soap trademark. Background The case came to the court after the HUL (‘Plaintiff’) came across RB’s (Defendant) advertisement promoting its Dettol handwash, which portrayed that bar/solid soaps aren’t as effective as the liquid soap for washing hands, which is particularly important for tackling…


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Copyright Data Exclusivity Innovation Others Patent

Corona and IP – Looking for the Right(s) Answers

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Corona covid 19

The Covid 19 pandemic has now changed the way most of us are going about our day to day lives. In India, we are now on day 2 of our 21 day nation wide lock-down. In the midst of all that is going on now, Intellectual Property enthusiasts with a keen eye, would have noticed several IP related issues that have been cropping up, even if relatively under-discussed. For this current post, I thought I would do a round-up of…


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Patent

The Need for an IP Policy to Build a Strategic Stockpile for Pandemics

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Just as the country is coming to terms with the reality of the COVID pandemic, we are being warned of mass shortages of everything from quality masks to hazmat suits to diagnostic kits to ventilators and other crucial medical equipment. The Health Ministry should have prepared strategic stockpiles of this material in preparation of such a pandemic but unfortunately this has not been done. The challenge now for India, is to rapidly build up a stockpile that can cater to…


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Copyright Design Geographical Indication Others Patent Trademark

COVID-19: How Best Can the Indian IP Office Help its Stakeholders? [Updated]

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In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution. This is because, deadlines in IP prosecution are often hard deadlines, and if extendable, involve a fee – sometimes these require the filing of signed/ notarised/ stamped documents. This concern is equally and anxiously shared by IP lawyers who assist IP owners around…


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Others

SpicyIP Weekly Review (March 16 – 22)

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(This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal) Topical Highlight Swaraj covered all the adjournments issued by the various IP offices in India due to the COVID-19 outbreak. First, he notes the adjournment of all in person hearings in various Patent Offices in India till April 15, 2020, the notice for which directs video conferencing in the alternative. [As per a notice issued today, all video conferencing hearings at the Patent Office scheduled…


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Copyright

Publication of Pleadings without Lawyers’ Consent : Copyright Infringement or Fair Use?

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Earlier this month, the Supreme Court held that legal pleadings/court records cannot be accessed through the Right to Information Act if the procedure for obtaining them is provided for under the procedural rules of the court (for a wonderful summary of the decision, see Prashant’s piece in The Hindu here). Pleadings are documents of various sorts submitted by parties to a case. In India, it is extremely difficult to access these documents. As detailed in this Vidhi report, one may…


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Copyright

SpicyIP Fellowship: Directors’ Plight without (Copy)Right – ‘Mr. India’ Trilogy Runs Into Trouble

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We’re pleased to bring to you a post by our Fellowship applicant, Lokesh Vyas, on the rights of film directors (or rather the absence of them) under Indian copyright law. Lokesh is a 4th year student at Institute of Law, Nirma University, Ahmedabad. This is his first submission for the Fellowship. Directors’ Plight without (Copy)Right: ‘Mr. India’ Trilogy Runs Into Trouble Lokesh Vyas The Copyright Act, 1957 recognizes three stakeholders in a movie namely; producers, authors of underlying works (such…


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