Copyright Overlaps in IP

When Settled Canons of Law and Law of Precedents Go for a Toss: Issue of Interim Licence under Section 31D of Copyright Act, 1957 by Registrar of Copyrights – Part I


India is a Constitutional democracy. The principles of Constitutionalism pervade the Indian polity. Constitutionalism encompasses rule of law, independence of judiciary and separation of powers; the sacrosanct principles meant to ensure fairness and reasonableness in justice delivery system. Set in this background, the Judgments of the Punjab and Haryana High Court dated 21st October 2016 and 14 March 2017 directing the Copyright Registrar to exercise powers under Section 31D of Copyright Act, 1957 are blatantly erroneous. In this post, I…


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Copyright

Novex Muzzled by Bombay High Court in a Recent Threats Action by Gulraj Hotels


In a recent order, dated February 9, 2019; Justice S.J. Kathawalla has restrained Novex Communications from taking any coercive action against Gulraj Hotel which filed a threats action under Section 60 of the Copyright Act after receiving a legal notice from Novex. (COMIP (L) No. 163 of 2018). The plaintiff in this case was represented by a team from the law firm Wadia Ghandy consisting of Sameer Pandit, Ramesh Soni and Madhupreetha Elango and led by Senior Advocate Virendra Tulzapurkar….


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Others

SpicyIP Weekly Review (February 4 – 10)


We’ve had quite an eventful week at the blog – Prof. Basheer brought us the thematic highlights of this week with updates on the proceedings of the Patent Working PIL instituted by him before the Delhi HC: To begin with, Prof. Basheer provided us a summary of the proceedings before the Court on the 5th of February – noting that his counsels argued for stricter sanctions for errant patentees who refused to comply with filing requirements. He notes that they…


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Patent

Advocates v. Patent Agents: A new case before the Madras High Court


The ToI recently reported that Madras based advocate Sanjay Gandhi has sued the Controller General of Patents before the Madras High on the grounds despite being “entitled to appear before the statutory body [Patent Office] and advance arguments in his capacity as a qualified advocate, he was disallowed from doing so.” Advocates qualified under the Advocates Act, 1961 have been claiming for some time that they are entitled to practice before the Patent Office without qualifying as a patent agent…


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Trademark

Delhi HC Vacates Ex-Parte Interim Injunction After Seven Years


Last month, the Delhi High Court through Justice Sanjeev Sachdeva vacated an ad-interim injunction granted in favour of ‘Three-N-Products’ (hereinafter, plaintiff) against two defendants back in March, 2011. The case involved the alleged infringement of the plaintiff’s trademark “AYUR” registered in Class 24 & 25 for goods such as bedcovers, textiles, shoes, boots, etc. The plaintiffs took issue with the mark “AYURVASTRA” used by the defendants in respect of goods such as sarees, dress materials, beds, etc. The facts are…


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Patent

Dial B For “Bonafide” Patent Working: The Natco Irony


          Did you ever think that Natco would oppose patent working disclosure norms? After all, they benefitted from it when they applied for India’s first compulsory license. And used Bayer’s patent working information (Form 27 filings) to demonstrate that Bayer was not meeting the reasonable requirements of the public through their patented anti-cancer drug, Nexavar. Based on this assertion, they were granted the compulsory license and began selling their version of Nexavar at a much cheaper…


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Others

Hear From Our Fellows 2017-18!


Wondering if it’s worth applying for the SpicyIP Fellowship? Hear from our current batch of Fellows on their experience so far. Their words are sure to dispel all your doubts. Here’s what they’ve to say: Divij Joshi “The SpicyIP fellowship experience has genuinely been one of the most rewarding and challenging experiences I’ve had. From staying up all night to finish a breaking story on internet shutdowns to spending days learning about complex jurisdictional issues under the trademark act, the fellowship…


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Others Patent

SpicyIP Events: NPTEL Open Online Course on ‘Patent Drafting for Beginners’ by Dr. Feroz Ali


We are glad to inform you that Dr. Feroz Ali Khader, Chair Professor on Intellectual Property Rights (IPR) at the Indian Institute of Technology (IIT) Madras, has launched a NPTEL Open Online course titled “Patent Drafting for Beginners”. The deadline for enrollment is February 12, 2018. For further details, please read the post below: About the Course Patent specifications — the documents which encompass the patent right in a technological invention — are techno-legal documents created at the interface of science and law. Unlike…


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Patent

Patent Working PIL: Ericsson claims “Club Confidentiality”


Continuing from our last post on the Delhi high court hearing on the patent working PIL, here goes: A bench comprising Justices Gita Mittal and Hari Shankar took up the matter as the first item around 10.30 or so. The court was packed, owing to the presence of a number of senior counsels. Gopal Subramanium, Sandeep Sethi and Rajiv Nayyar appeared for Ericsson (as noted earlier, Ericsson and Natco had filed applications to intervene in the matter). Whew! 3 of…


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Copyright Others Trademark

A Case for Adjusting the Delhi High Court’s Recent Approach to IP Jurisdiction Claims in Online Transaction Cases


We are pleased to bring to you a guest post by Eashan Ghosh. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. He has previously written about the area of law covered in this post for the European Intellectual Property Review in 2015. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on…


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