Others

SpicyIP Weekly Review (July 31- August 7)


Thematic Highlight: Prashant discussed a recent Delhi HC case involving engineering drawings and their reproduction in 3D form. The defendant got away from the plaintiff’s copyright infringement claim on account of S.15(2) allowing for exemption to design infringement in cases where production crossed 50 units. Prashant argues that the engineering drawings do not constitute “designs” in the first place and therefore, the court misinterpreted S.15(2). Then, he proceeds to further argue that one cannot prevent another from manufacturing the content of…


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Trademark

When Journalists Lose their Mojo: Barkha Dutt and NDTV Lock Horns Over the Use of ‘MoJo’


In what can only be described as ‘much ado about nothing’, a series of tweets were exchanged between Barkha Dutt and Nidhi Razdan over NDTV’s purported move towards mobile journalism and the use of the word ‘MoJo’ (abbreviation for ‘Mobile Journalism’) to refer to their ‘new’ form of journalism, which is similar to Barkha Dutt’s online platform ‘TheMojo’. Barkha Dutt’s tweets were triggered by a news report, which talked about the downsizing of staff within NDTV due to financial constraints…


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Copyright Designs

Dysfunctional Judgments on Functionality and Design Law


A few months ago, when I wrote on a Delhi High Court judgment in the Carlsberg design infringement case, I received a few comments and emails protesting my claim that Indian design law does not penalize designs which also have a functional aspect. The issue of functionality has been a tricky issue in most jurisdictions because design law is supposed to protect only designs that appeal to the eye while functionality is to be protected under patent law. Life is…


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Competition Law Drug Regulation

The CCI’s Identity Crisis and Dealing with Misplaced Criticism


The Competition Commission of India (CCI) will complete 14 years of its existence this year, having been established in 2003 (although it became fully functional only much later). Like all teenagers, the people around it can’t seem to identify its exact role in the universe. In the case of the CCI, the question is whether the institution is a part of the executive or the judiciary. This issue was raised before the Supreme Court in the case of Brahm Dutt…


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Copyright Designs Overlaps in IP

The Delhi High Court Misses Another Opportunity to Rule on the New Section 52(1)(w) in Context of Engineering Drawings


In a recently delivered judgment, the Delhi High Court was once again faced with a plaintiff seeking an interim injunction restraining a defendant from manufacturing a product on the grounds that it was infringing the plaintiff’s copyright in its engineering drawings. The plaintiff Holland L.P. and its Indian partner, claimed to have invented “automatic twist locks” (ATL), to help secure containers on railcars. The system is used by the Indian Railways which put out a tender for procurement of the…


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Patent

Indian Patent Office – Expedited Examination – Does it in Record Time


  Our patent office had initiated the expedited examination procedure last year under the revised rules 2016.  This program has yielded excellent results and some patents already granted.  One of them has been granted in record time of less than 4 months.  This is remarkable as if I exclude the time taken by the applicant to respond, the patent office took only 19 days. This is less than a month! Great going and three cheers for our patent office! About…


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Others

SpicyIP Tidbit: SC Calls Out “Disturbing Trend” of Settling IPR Issues Through Interim Orders


As per strict doctrine, interim orders are issued on the basis of a prima facie impression, to prevent “irreparable harm“, by virtue of a party’s actions, during the duration of the proceedings. But in effect, courts haven’t really been solving matters in accordance with settled doctrine, and have largely been sticking to settling matters, almost conclusively, through interim orders. You can find considerable coverage on SpicyIP on the same here. A Supreme Court Bench, comprising of J. Ranjan Gogoi and…


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Others

SpicyIP Weekly Review (July 16 – 30)


SpicyIP Weekly Review (July 16 – 22) Divij Joshi The first thematic highlight for this week was Harshvardhan’s exploration of the ‘goodness’ of trademarks, in his two–part post. Harshvardhan highlights the cultural role of trademarks and explores how the law treats trademarks not merely as an indicator of goods, but also of ‘goodness’, sometimes by seeking to restrict immoral or pejorative trademarks. Harshvardhan builds the argument that a trademark must be based on something more than distinctiveness, and it must satisfy a…


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Trademark

“PARAMOUNT” TM #Delhi HC #Clean Hands Doctrine #Equitable Reliefs


I write to discuss the Delhi HC J. Indermeet Kaur’s judgment involving the mark “PARAMOUNT”. The mark under discussion is relevant strictly in the context of businesses indulging in sale of hospital beds and to the best of my knowledge, is not related to the Paramount film studio. The ruling is unique because the court did not pass an interlocutory injunction in favour of the plaintiff, despite said plaintiff having a valid registration in the relevant class. Though the question…


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Copyright Patent Trademark

Justice Bhat overruled Time Incorporated v. Lokesh Srivastava in 2014 (& we discovered it only in 2017)


At a conference held earlier this month in Bangalore (organised by Professors Yogesh Pai, Arul Scaria & T. Ramakrishna of NLU-D & NLSIU), I was surprised and delighted to learn that the infamous judgment in the case of Time Incorporated v. Lokesh Srivastava (2005) allowing for the grant of punitive damages in IP cases was overruled in 2014 by a Division Bench of the Delhi High Court led by Justice Ravindra Bhat. As judgments go, the Times Incorporated judgment was…


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