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...
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 .
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 in law schools.Justice Endlaw has...
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...
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...
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...
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...
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...
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...