Trademark

The ‘Well Known’ Trademark under the New Trade Mark Rules, 2017: Is the New Procedure Constitutional?

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The new Trade Mark Rules, 2017 recently notified and discussed over here on SpicyIP, have generated a lot of buzz for creating a new procedure that allows the Registrar to declare trademarks as ‘well known’. The new Rule 124 allows any trade mark owner to file a request in Form TM-M requesting the Registrar to declare a trademark ‘well-known’. As most of our readers may know, the ‘well-known’ tag is the ‘holy grail’ for trademark owners – everybody wants it…


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Others

SpicyIP Jobs: Research Fellows (Law) at CIIPC, NLU Delhi

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We are happy to announce that the National Law University, Delhi (‘University’) is seeking to engage, on a contractual basis, two full-time RESEARCH FELLOWS (LAW) for the CENTRE FOR INNOVATION, INTELLECTUAL PROPERTY AND COMPETITION (CIIPC), at its campus in Dwarka, New Delhi. For further details, please read their call for applications below. About the Centre: CIIPC was established in the year 2015 with the objective of contributing to academic and policy oriented dialogues in the areas of innovation, IP and competition. The Centre is…


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Trademark

Sunil Mittal v. Darzi on Call: Of Translations and Descriptive Trademarks

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On the 19th of April, 2017, the Delhi High Court passed an order in Sunil Mittal v. Darzi on Call, the order for which is available here. This case is very interesting for two reasons: First: The Court clarifies the law on descriptive trademarks – dealing with the fascinating case of the trademark status of a translation of a descriptive term. Second, the Court also expounds on the law on trademark squatting. Factual Background The Plaintiff’s, Mr. Sunil Mittal and…


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Competition Law

SpicyIP Tidbit: CCI Orders Investigation Against Pharma Major Roche

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The Competition Commission of India, based on a positive prima facie determination on contravention of Section 4(2)(c) of the Competition Act, ordered investigation against pharma major Roche with respect to the cancer drug, Trastuzumab. The complaint was filed by Biocon and Mylan Pharmaceuticals. I shall be carrying a detailed analysis shortly. [Section 4. Abuse of Dominant position (1) No enterprise or group shall abuse its dominant position.] (2) There shall be an abuse of dominant position 4 [under sub-section (1),…


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Trademark

Territorial Jurisdiction in Infringement Suits: Delhi HC Returns Plaint for Want of Cause of Action

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Readers of SpicyIP will know that the issue of territorial jurisdiction in copyright and trademark suits has been a constant point of discussion on this blog (see here for all posts on jurisdiction). We bring to you yet another decision of the Delhi High Court, which furthers this discussion and asserts that a strong causal link needs to be established for invoking the territorial jurisdiction of a court. This order reinforces the shift in jurisdictional jurisprudence wherein the plaintiffs are…


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Copyright

Chetan Bhagat Injuncted Ex Parte in Plagiarism Suit

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A Bangalore civil court has issued an O.39 R.1 ex parte interim injunction against Chetan Bhagat and his publishers, restraining them from selling copies of his recent book One Indian Girl. According to Scroll, Anvita Bajpai, a Bangalore-based author, sued Bhagat alleging that the book was plagiarised from her short story Drawing Parallels, published as part of an anthology in 2014. Bajpai wrote a Facebook post detailing her allegation, while Bhagat posted a denial. Copyright law served as a useful way for a…


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Others

SpicyIP Weekly Review (April 16-22)

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Our topical highlight is Prateek’s post on a recent Delhi High Court order that restricts the unauthorised broadcasting / transmission of the Indian Premier League 2017. Sony had approached the Court, fearing that multi system operators / local cable operators such as the Defendants would broadcast IPL without a license, which the Court accepted and consequentially passed an ex parte ad interim injunction for any unauthorised broadcast. The Court additionally appointed Mr. Jamal Akhtar and Ms. Hamsini Shankar as Local…


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Copyright

Novex Goes After Hotels and Casinos in Goa; Accuses Them of Playing Copyrighted Music Without Due Authorization

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In the realm of copyright law, one issue that has received significant attention on this blog is the manner of functioning of copyright societies and the modus operandi adopted by them to extract financial returns for the use of copyrighted works whose use they claim to be exclusively empowered to authorize. In India, the 3 main collecting Societies are Indian Performing Rights Society (IPRS), Phonographic Performance Limited (PPL) and Novex Communications (“Novex”) whose actions form the subject matter of this…


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Competition Law Patent Unfair Competition

A Critique of the Decision in Unwired Planet v. Huawei

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On April 5, 2017, the UK High Court of Justice (Patents), Mr. Justice Colin Birss issued a detailed opinion [Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017] in a matter involving SEPs and FRAND.  The Unwired Planet v. Huawei (hereafter “Unwired”) decision is extremely contentious and this posts covers only the issues that I believe need further consideration. Disclaimer: I advise several clients in matters involving SEPs and FRAND.  These are my views only. Long post follows. Background:…


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Patent

Patent Office’s Answer to a Patent Agent Exam 2016 Question Challenged before the Bombay High Court

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We had, earlier this year, brought to you a guest post by Dinesh Parmar, one of the candidates who wrote the Patent Agent Exam 2016, wherein he had argued that answers to two of the Paper-I Set C questions as provided in the answer key published by the Patent Office were incorrect. While answer to one of the two questions (i.e. Q. 49) was rectified by the Patent Office on February 2, there has been no clarification issued for answer to Q….


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