Geographical Indication Innovation Others Patent

SpicyIP Fellowship 2017-18: Where are the Women in IPR? Still a Long Way to Go


  On the occasion of International Women’s Day, we are pleased to bring to you a guest post on gender and IP by our Fellowship applicant, Afreen Hashmi. This is her first submission for the Fellowship. Our earlier posts on this theme can be viewed here and here. Where are the Women in IPR? Still a Long Way to Go Afreen Hashmi James Watt invented steam engines, Alexander Graham Bell invented the telephone, the Wright Brothers invented aeroplane; whereas Thomas Edison…


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Patent

Del HC Allows Natco to Export Bayer’s Nexavar under the Bolar Exemption


In a significant development today, Justice Endlaw of the Delhi High Court held that ‘export’ of a patented invention for experimental purposes is also covered under Section 107A of the Patents Act, 1970 (India’s Bolar exemption) and thus does not amount to patent infringement. It accordingly allowed Natco to export Bayer’s patented drug ‘Sorafenib Tosylate’ (for which it was granted a compulsory license in 2012) to China for the purpose of conducting development/ clinical studies and trials. It rejected Bayer’s…


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Competition Law Patent

Charging for Expired Patents: The How and Why the Practice Should Stop


This is a continuation of my previous post where I had briefly referred to charging for expired patents.  This post goes in greater detail in the issue. If I were to summarize this post, it would be: Portfolio licensing and FRAND commitments do not go together.  This post also highlights why it is important to keep the historical context in mind while dealing with 20 year monopolies as those of us who forget history are condemned to repeat it. A…


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Trademark

Bombay HC Full Bench Rules on the Interplay Between Sections 29(4) and 29(5) of the TM Act – Part I


A Full Bench of the Bombay High Court, consisting of Justices A.S. Oka, A.A. Sayed and A.S. Gadkari pronounced their decision in the matter of Cipla Limited v. M/s Cipla Indsutries Pvt. Ltd. on March 1, 2017 (read the order here). This decision is of extreme importance as the Honourable Chief Justice directed that the matter be placed before a Full Bench, following Justice Patel’s recommendation that the 2010 Division Bench (‘DB’) Decision in Raymond Limited v. Raymond Pharmaceuticals (‘Raymond’)…


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Trademark

Bombay HC Full Bench Rules on the Interplay Between Sections 29(4) and 29(5) of the TM Act – Part II


While Part I was concerned with the background to this dispute, this post concentrates on the reasoning of the Full Bench, as well as analyses its jurisprudential impact. Holding of the Court The Court held that the plain language used in sub-sections (4) and (5) answered the questions at hand. It was noted that 29(4) uses the words “in the course of trade” and “in relation to goods and services” which were absent in 29(5). Conversely, “as his trade name…


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Designs

In a Welcome Development, Delhi High Court Refuses to Compel Intermediaries to Screen Content Violative of Intellectual Property Laws on an Ex-ante Basis


One issue that has received sustained attention on this Blog has been the determination of the width and amplitude of the responsibility of intermediaries for the removal of content that is violative of intellectual property laws. In this respect, we have covered such diverse issues as the implications of the Viacom versus YouTube decision on intermediary liability see [here and here]; the implications of the Shreya Singal judgment [see here]; the need for the extant legal framework to be overhauled…


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Events Sponsored

SpicyIP Events: 4th WTI – CWS Joint Academy on International Trade and Policy


We are happy to announce 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 4th WTI – CWS Joint Academy on International Trade Law and Policy (“Joint Academy”), from June 5– June 30, 2017 in New Delhi. The last date for submission of applications is March 31, 2017. For further details, please read the Call for Applications below. 4th WTI – CWS JOINT ACADEMY…


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Events Sponsored

SpicyIP Events: INTA’s Workshop on Building Aspirational Brands in Mumbai


We are pleased to announce that INTA is organising a half-day workshop on ‘Building Aspirational Brands’ on March 15, 2017 at St. Regis Hotel in Mumbai. For details, please read INTA’s post below.   Register today for INTA’s half-day India Workshop in Mumbai- Building Aspirational Brands March 15, 2017 | St. Regis Hotel | Mumbai, India The International Trademark Association (INTA) is pleased to invite you to register for its half-day India Workshop on March 15 at the resplendent St. Regis…


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Copyright

Copyright-ing Fictional Characters: Bombay HC Permits Release of ‘Rangoon’


There is an interesting copyright dispute brewing at the Bombay High Court over the newly released movie ‘Rangoon’. Wadia Movietone Pvt. Ltd. (Wadia) filed a suit against the director of the movie, Vishal Bhardwaj for alleged copyright infringement regarding his new film, Rangoon. Unfortunately, the order uploaded onto the Bombay High Court website does not go into the factual background, or the arguments made by the parties, but permits the conditional release of Rangoon. Justice K.R. Shriram stated that while…


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Others

SpicyIP Weekly Review (February 26 – March 4)


Starting off the week, Pankhuri brought us a reminder on the upcoming deadline for the SpicyIP Fellowship 2017-18. Applications close in five days (the 10th of March), and please refer to her post for all relevant details on the Fellowship. Our highlight of the week is Prateek’s detailed six-part post on a series of European cases that deal with shape and functional trademarks: In Part I, Prateek introduced his six-part series by first, reproducing Indian and European law on the…


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