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The Fight Against the “Book Famine”
Latha R. Nair, a partner at K&S Partners in Gurgaon, sees India’s efforts to expand accessibility beginning even further back. The Daisy Forum of India was launched as early as 2007 to bring together non-profits involved in the production and distribution of accessible materials. And before its ratification of the Marrakesh Treaty in 2014, India […]
February 28, 2018
When the Guard of the “Boll-Guard” Fell!
The Delhi High Court’s order in the legal battle between agro-biotech giant Monsanto and Indian seed giant, Nuziveedu, was a good prompt to write about the wired subject of patentability of plant biotech inventions in India. This case presents a unique story as it has a complex background of monopoly in the technology, farmers rights […]
April 21, 2018
The propriety of registering regional food stuff as a Geographical Indication
The recent controversy between the States of West Bengal and Odisha over the intellectual property (IP) rights over a sweetmeat raises several questions on the propriety of registering every regional food stuff as a geographical indication (GI). Many a sweet and savoury dish is born into India’s rich culinary diversity. While the Geographical Indications of […]
April 28, 2018
What exactly are GIs and who can apply for GI status
Recent conversations around geographical indication have involved cases such as a GI tag on Alphonso mangoes from Ratnagiri and Sindhudurg, the Coffee Board applying for GI to protect Araku coffee, and the tussle between Odisha and West Bengal over the rosogolla. What exactly are geographical indications? Who can apply for a GI mark/status? Read Full […]
December 9, 2018
Supreme Court of India set to rule in crucial plant innovation dispute
There are important legal issues at stake in the Supreme Court of India’s ongoing review of the patentability of Monsanto’s Bt Cotton technology, explains K&S Partners’ Deepa K. Tiku All eyes in India are currently on the country’s Supreme Court where the agro-biotech giant Monsanto is battling to reclaim its patent for the pioneering Bt Cotton technology. […]
December 12, 2018
Is personal data protection bill a double edged sword?
The last few years have seen phenomenal development and deliberations around the globe with respect to the issue of privacy of the digital data. The GDPR has been one such mega-development in the European Union wherein a full-fledged legal framework has been structured to regulate digital economy with an aim to protect the privacy rights […]
What exactly are geographical indications?
The acid test for a GI product, therefore, is whether the consumers perceive it to originate from a certain geography and attribute the qualities, characteristics or reputation to that region. Recent conversations around geographical indication have involved cases such as a GI tag on Alphonso mangoes from Ratnagiri and Sindhudurg, the Coffee Board applying for […]
December 21, 2018
Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu
Section 3(j) of the Indian Patents Act excludes plants, animals and “essentially biological processes” (for the production of plants and animals) from patent protection. The Delhi High Court relied significantly on European precedents to hold that Monsanto’s claimed invention covering the Bt gene construct and a process for preparing the transgenic Bt Cotton plant amounted […]
January 2, 2019
The Chaos That The Monsanto Patent Battle Has Become
While Indian seed companies have won the battle to pay lower royalty and continue to reap benefits of their partnership with Monsanto, the agriculture giant gets to hold on to its patent (for now) and royalties. But Monsanto’s fate is back in the hands of Delhi High Court’s single-judge bench or trial court. This week, […]
January 11, 2019
Indian IP jurisprudence is the real winner in the Monsanto cotton technology case
On 8th January, the Supreme Court of India (India’s highest court) ruled in favour of Monsanto in the much discussed Monsanto Technology v Nuziveedu Seeds Ltd case. Monsanto had challenged the April 2018 order of a two-judge bench (DB) of the Delhi High Court (DHC) which had revoked Monsanto’s Indian patent covering the Bt-Cotton technology without any expert evidence […]
January 15, 2019
Not all GIs Are Equal: The Story of Darjeeling
Read Full Article ABOUT THE AUTHOR Latha Nair Latha Nair is a Partner with K&S Partners and has over 27 years of experience in the domains of copyright, trademark, and geographic indications. [email protected] Detailed Profile Detailed Profile More from the Author More from the Author
May 22, 2019
Small businesses looking to protect IP? Remember these 9 things before securing your innovation
Founders need to make sure that all the employees assign their innovations to the company. Agreements with contractors and consultants should also provide clarity on who will own what. Intellectual property (IP) could arguably be one of the most valuable assets of any young enterprise. Therefore, it must be managed well. Emerging enterprises may find […]
September 17, 2019
Place the (Trade Marks) Act Before the Rules: Del HC Directs Registry to Record Grounds of Refusal of Applications
In a much-lauded decision, Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks arising from a refusal or partial acceptance of a trademark. This decision arises from a writ petition (Intellectual Property Attorneys Association v. Controller General of […]
October 30, 2019
Justice Endlaw’s Lessons on Legal Drafting
Earlier this year, Justice Rajiv Sahai Endlaw made a concluding remark on the “non-essential verbosity” of a plaintiff in a civil dispute [Nikita Gupta v. Alok Gupta (May 21, 2019)]. He observed that the plaint filed therein was a classic textbook case of how not to draft a plaint, which he felt should have been taught […]
November 11, 2019
Charminar Case by the Indian Supreme Court in 1996 and the AG’s Opinion in Sky v. Sky Kick
On October 16, 2019 the Advocate General (AG) of the European Court of Justice rendered an opinion in Sky Plc & Ors v. Sky Kick UK Ltd. & Anr. (“the Sky case”) in a reference by Justice Arnold of the England and Wales High Court (Chancery Division). The AG’s opinion caught my attention because the opinion as […]
December 2, 2019
An Indian Perspective on Singapore HC’s Decision in ‘Isetan Tartan’ Trade Mark Dispute
This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan. A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth. While tartan patterns […]
December 26, 2019
Kerala HC Directs Film Release without Script Writer’s Name in ‘Mamankam’ Moral Rights Dispute
This post covers the judgement delivered by the Kerala High Court in Sajeev Pillai v. Venu Kunnapalli & Anr., earlier this month. ‘Mamankam’ is a grand festival which used to be held once in 12 years on the banks of the Bharathapuzha river in Kerala during the 14th to 19th century. The appellant, Sajeev Pillai, a […]
December 30, 2019
Brand Protection in the Age of Social Media Influencers: Bom HC in Parachute Disparagement Case
What happens when social media influencers such as bloggers and vloggers comment on the quality of branded products recklessly Earlier this month, Justice Kathawala of the Bombay High Court had granted an interim injunction against one such vlogger’s video in Marico Limited v. Abhijeet Bhansali. The branded product in issue is PARACHUTE coconut oil sold by Marico Limited, […]
January 31, 2020
Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies
Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling Entities (the DSEs), Amway, Modicare and Oriflame against e-commerce […]
February 5, 2020
Bom HC Division Bench Stays Interim Injunction against Vlogger in Parachute Disparagement Case
Last month, I had blogged about Marico v. Abhijeet Bhansali where a Single Judge of the Bombay High Court directed the defendant, Abhijeet Bhansali (‘Bhansali’) to take down (in the interim) an offending video because he prima facie made false and reckless statements about Marico’s coconut oil branded, “Parachute”. On February 14, a Division Bench (DB) of the Court lifted […]
February 25, 2020