Patent

Patent Office Publishes Stakeholders’ Comments on Patent Working Issues and Form 27


In compliance of the order passed by the Delhi High Court on 15th March in Prof. Basheer’s Patent Working PIL, the Patent Office has published on its website the comments received by it from stakeholders on issues relating to patent working provisions (including Form 27). This is a very welcome move and the speed of the Indian Patent Office needs to be appreciated. The full text of the comments can be viewed here and a brief summary of each of…


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Trademark

Guest Post: Ferrero Rocher v. Ruchi International: Another Merited but HUL-less Trademark Damages Award by the Delhi High Court


The damages jurisprudence of the Delhi High Court in IP cases has been a problematic area for several reasons that we have discussed on this blog. In this guest post, Eashan Ghosh takes apart a recent judgment of the Delhi High Court that awarded damages of Rs. 10 lakhs to Ferrero Rocher. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and also teaches a seminar on intellectual property law at National…


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Copyright

In a Deeply Problematic 2012 Judgment, Bombay High Court Held That Copyright Registration is Mandatory for Maintaining an Action for Infringement


As Professor Joshua Sarnoff eloquently noted on this Blog, copyright is first and foremost an assertion by the creator. This being so, registration of a copyright is not mandatory for maintaining an action for infringement. Indeed, to quote Prashant, the principle that registration of a copyright is not mandatory is one of the holy sacraments of the Berne Convention. It is with great dismay, therefore, that we recently found out about a deeply problematic 2012 judgment from the Bombay High…


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Events

SpicyIP Events: 5th WTI – CWS Joint Academy on International Trade Law and Policy [June 4-29, New Delhi]


We are pleased to remind our readers that The World Trade Institute of the University of Bern, Switzerland and the Centre for WTO Studies, Indian Institute of Foreign Trade, India will be conducting the 5th WTI – CWS Joint Academy on International Trade Law and Policy (“Joint Academy”), from June 4 to June 29, 2018 in New Delhi. The last date for submission of applications is March 30, 2018. For further details, please read the Call for Applications below: 5th WTI – CWS JOINT ACADEMY ON…


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Others

SpicyIP Fortnightly Review (March 11 – 24)


The topical highlight for this fortnight has been Pankhuri’s post on the Delhi High Court’s judgement in Sphaera Pharma Pte. Ltd and Anr. v. Union Of India, where the Court reiterated that the Patents Act does not offer any scope for considering a request for patent examination filed beyond the prescribed period of 48 months from the date of filing of the application. In the present case, the plaintiff claimed that the request for examination was not properly uploaded although…


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Patent

Patent Working PIL (Update): Court Directs Govt. to Give Reasonable Timeline and Publish Comments Online


In the latest development in the Patent Working PIL filed by Prof. Basheer, the Delhi High Court has directed the Government to file an affidavit stating a reasonable timeline within which it will complete its ongoing consultation with the stakeholders on the patent working issues, examine the comments it receives and effectuate the necessary amendments under the Patents Act. In a laudable move, the Court has also ordered the Government to immediately publish all the comments received by it on the website…


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Others

DIPP Invites Applications from Universities for Hosting Chairs on IP Law – Deadline is March 31, 2018


The DIPP has announced a new ‘Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA)’ inviting applications from all universities to host Chairs on IP law. The deadline for applications is March 31, 2018. This scheme replaces the earlier scheme run by the Ministry of HRD, which was called the Central Scheme of Intellectual Property Education, Research and Public Outreach. The earlier scheme was fairly successful in the field of IP education in the sense that…


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Copyright

Amitabh Bachchan Lashes Out at Copyright Limitations – Here’s Why He’s Wrong


In a rather rambling blog post on Monday, Mr Amitabh Bachchan, Bollywood’s angry young man turned angry-preacher-from-the-social-media-pulpit, let loose a diatribe against the seeming injustice done to him by the Indian Copyright Act – specifically, the concept of copyright terms – which temporally limit rights in original copyrighted work, beyond which the works is included in the public domain. The motivation for the post seems to be the realisation that the copyright in Harivansh Rai Bachchan’s poetry, currently with his…


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Trademark

Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.


Introduction This is a case of ex parte proceeding concerning trademark dilution. We had dealt with identical legal issues earlier. Therefore, this post is more of a revision for lawyers. [For Prof. Dev Ganjee’s thoughts on trademark dilution, click here.] Facts The plaintiff sought a decree of permanent injunction and damages with respect to infringement of the plaintiffs’ registered trademark, passing off and unfair competition. The Plaintiff wanted the Defendants to be refrained inter alia from “manufacturing or authorizing the…


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Patent

Delhi HC Reiterates that Delay in Filing a Patent Examination Request is Uncondonable


Last month, in a lucid and well-reasoned judgment (Sphaera Pharma Pte. Ltd and Anr. v. Union Of India), the Delhi High Court emphatically clarified that the Patents Act, 1970 does not offer any scope for considering a request for patent examination filed beyond the prescribed period of 48 months from the date of filing of the application. It reiterated the ruling rendered by it in 2011 in Nippon Steel Corporation v. Union of India that we had covered here. Prescribed…


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