Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a ‘copyright violation.’ News laundry, who is an independent news media organization, claims that YouTube has frozen its video channel after India Today Group reported it many times for copyright violations. News laundry states that YouTube has frozen its website’s channel after receiving multiple complaints […]
Latest updates on Indian Trademark Law
Breezer v. Freez Mix The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relating to its alcoholic beverage Breezer, by restraining makers of a non- alcoholic beverage ‘FREEZ Mix’ from using the trademark ‘FREEZ’ or any other mark, label, sign, device or name identical […]
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to purchasing original products are not misled about the origin of the product bearing the infringer’s trademark, because such a product can be targeted […]
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India’s dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named ‘Amul Canada’ had infringed on Amul’s copyright by advertising their product, using their brand image and name, as well as corporate information via popular jobs site LinkedIn. The court ordered ‘Amul Canada’ […]
Two different patents cannot be awarded to same patent: Delhi High Court
A Division Bench of the Delhi High Court, in AstraZeneca Ab v. Intas Pharmaceuticals Ltd., dismissed the appeals made by the appellant against the orders of Single Judge Bench, where an injunction was denied. Astrazeneca made nine pleas seeking injunction against the sale of ‘Dapagliflozin’ (DAPA), an anti-diabetes drug manufactured by generic pharma companies like […]
USA supports waiver of IP protections for Covid-19 vaccines
In a reversal of stance, the American government announced its support for waiver of IP protections on Covid-19 vaccines on 5th May 2021. The government also assured active participation of its administration in the WTO negotiations needed to ensure such waiver. This proposal for waiver has been subject to criticism by the European Union, which […]
Transferring the IPAB Jurisdiction to commercial courts! Will it ensure speedy justice?
A draft bill has been introduced in the Lok Sabha which proposed to close down the Intellectual Property Appellate Board (IPAB) for good. The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 proposes to transfer its powers in copyright matters to Commercial Courts and all its other powers to High Courts. This bill comes […]
‘Keeping Up With The (Trade) Secrets’
While patent law offers strong protections for proprietary inventions, obtaining a patent requires establishing that the invention is novel, non-obvious, and patent-eligible. It also requires disclosure of the invention itself in the patent application. And while patents last for twenty years, they do not last forever. By contrast, trade secrecy provides another avenue to protecting […]
After saffron, J&K seeks GI tag for gucchi mushroom
A Geographical Indication tag has been sought for Gucchi, also known as Morel, one of the world’s most expensive mushrooms growing in Kashmir’s Doda district, valued at over INR 20,000 for every kilogram. The GI Tag will prevent unauthorized use and will provide legal protection to Doda Gucchi Mushroom. This will in turn boost it’s export. It […]
This time the tussle is over Basmati Rice
Even amidst these challenging times, the world has been witnessing incredible advances in science, technology and innovation. There is news that a vaccine will be delivered to billions of people in record time. The Intellectual Property(IP) protections has created the foundation for these developments. India and US have recently signed a Memorandum of Understanding […]
