Others

SpicyIP Weekly Review (August 7-13)


This week’s thematic highlight is a guest post by Mr. Adarsh Ramanujan, who is an advocate with Lakshmikumaran & Sridharan, New Delhi. Adarsh discusses the recent amendment to Implementing Regulations to the European Patent Convention (EPC). The amendment makes plants and animals that are exclusively obtained through an essentially biological process, non-patentable. He notes that although the amendment is significant for the EU, given that prior to the amendment such plants and animals were patentable, this has limited implication for India. He…


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Copyright

Delhi HC Order Clarifies Aspects of Section 17 of the Copyright Act


Last Friday, the Delhi High Court passed an order in the case of Neetu Singh v. Rajiv Saumitra (order available here). This is a very interesting case, not only because of the unique fact situation, but due to the questions of copyright law that it throws up. I see this case as important as it provides clarity on how to tackle the question of ‘employment’ under Section 17 of the Copyright Act. Factual Background The Plaintiff filed this suit seeking…


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Copyright

Madras High Court Issues ‘Ashok Kumar’ Order to Block the Internet Archive + 2649 Websites


  In yet another instance of overbroad and disproportionate online censorship, 2650 entire websites have been ordered by the Madras High Court to be blocked, nation-wide, as an interim measure against the infringement of copyright of certain films. The Madras HC, on July 21, 2017 and August 2, 2017, ordered an interim injunction against several Internet Service Providers (ISPs), in a case of copyright infringement, directing the ISPs to disable access to websites upon the plaintiff’s request, including, perplexingly, the…


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Patent

What’s All the Fuss About in India, Concerning the EPO?


We are extremely pleased to bring to you a guest post by Adarsh Ramanujan. Adarsh is an Advocate with Lakshmikumaran & Sridharan, New Delhi, primarily assisting clients as a litigation attorney. He obtained his B.A. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur  and LL.M. degree from University of California, Berkeley. A major portion of his time is spent, practicing in the areas of IP & Technology Laws as well as in International Trade Law. His expertise also extends…


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Events

SpicyIP Events: BananaIP’s Seminar on Patents for Corporate Inventors: ‘The Strategic Inventor’


We are pleased to announce that BananaIP (BIP) Counsels is organising a seminar on patents for corporate inventors on September 22, 2017 at ITC Gardenia in Bangalore. For further details on the seminar, please read their post below: BananaIP Announces a Unique Seminar on Patents for Corporate Inventors “BananaIP (BIP) Counsels, a leading Patent Law Firm in India, is organizing a unique seminar on patents for corporate inventors on 22nd September, 2017, at Bangalore, India. Entitled “The Strategic Inventor,” the seminar is…


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Copyright Trademark

The Red Cross With A Twist: IMA Seeks IP Protection For New Logo


The last time the Red Cross’s red cross emblem (read: red coloured Greek cross on a white background; feeble attempt at a word-pun) became wrapped up in trademark law, it made big news in the US. The company, Johnson & Johnson had sued the American Red Cross over trademark infringement of the famous emblem, and lost. Now, it appears that the emblem is making news within IP circles in India. According to reports, the Indian Medical Association (IMA) has come…


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Others Overlaps in IP Trademark

Update: Google Seeks US Court’s Intervention on Canadian SC’s Global Injunction


In July, I had written about the decision of the Canadian Supreme Court in Google v Equustek, to issue an interlocutory injunction against Google Inc. in Canada, and directing Google to enforce the decision in every jurisdiction in which it operates. I had argued that the decision would throw issues of Internet jurisdiction, which are largely based on judicial comity, into a tailspin. Further, I had argued that the decision creates a dangerous precedent of allowing courts or laws in one jurisdiction to…


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Others

SpicyIP Jobs: Associate at a Leading IP Law Firm in New Delhi


We are glad to inform our readers that a leading IP law firm in Delhi is looking to immediately hire a lawyer for the position of an Associate. Who Can Apply? Any fresh law graduate or one having 1-2 years of work experience may apply. Responsibilities The candidate will be involved in IP transactional, litigation and policy work. How to Apply? Interested candidates may send their application along with their CV and 2 writing samples to [email protected] The applications must…


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Trademark

Delhi HC, Considering inter alia Unique Stylized Font, Decreed against ‘YahooKochi’ in TM Infringement Suit


The Delhi High Court, in a recent TM infringement ex-parte suit (Class 39) concerning ‘YahooKochi’, held in favour of Yahoo Inc. (Plaintiff) and directed the defendants to pay compensation of nearly five lakhs rupees. The Court had earlier granted ex-parte ad-interim injunction in favour of Yahoo Inc. The judgment is available here. According to the petitioner, “defendants are infringing the plaintiff’s trade mark. In support of his contention, he referred to a print out from defendants’ website- www.yahookochi.com (Ex.PW1/22). He…


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Others

Call for Papers: Journal of Intellectual Property Law (JIPL), Institute of Law, Nirma University; Submit by Oct 31, 2017


We are pleased to announce that the Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat is inviting articles / research papers, case studies and book reviews on the contemporary topics related to intellectual property rights for publication in the 3rd issue (2017-18 volume) of the Journal of Intellectual Property Law. For further details, please read the post below: Call for Papers: Journal of Intellectual Property Law Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat hereby invites articles /…


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