Category: Blogs
War of the era
February 18, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 7:46 am
The recent litigation in the area of Patent has once again nudged Bayer, the pharmaceutical giant against Ajanta Pharma. Bayer produces a medicine which cures erectile dysfunction. Very recently the plaintiff was awakened by the fact that the defendant has already started marketing and manufacturing
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Reclaiming copyright
February 15, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 12:35 pm
This copyright case involves the ownership interest of copyright over certain musical works which Paul Mc Cartney co-authored with former members of Beatles. The defendants in this case are the publisher company holding the copyright interest in the works which are in the name of
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Willingly willow
February 10, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:13 pm
The cases on trade marks has traversed a long way to the ancient world of the tea when people of Scotland were accustomed to the famous Willow tea rooms and it came to be associated with the services rendered by the owner. In this connection
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Priority and EPC
February 3, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:04 pm
The entitlement of partial priority has been dealt recently by the Board of Appeal and has held in its decision that partial priority may not be refused only for a claim embracing alternative subject matter by virtue of one or more generic expressions. The partial
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Trans-border reputation: time to think!!!
February 3, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:02 pm
Few days back the Delhi High Court has pondered upon the trans-border reputation and has laid down a detailed guideline for determining the trans-border reputation in India. There have been judgments penned down by the Court establishing trans-border reputation of the trade marks which are
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The Delhi High Court again!!!!
February 2, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 12:57 pm
The trade marks law has expanded from time to time incorporating various changes by way of amendments. Earlier the trade marks law in India was governed by the trade and Merchandise Act, 1958. This Act defined the permitted use as use by a registered proprietor
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Everything is fair in education
January 27, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 12:53 pm
Considering the higher cost of education in India the High Court has passed the judgment in the DU Photocopy case in favor of DU. This had a far reaching implications on access to education in a developing countries like India. But the Oxford University Press
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No copyright: says Hollywood
January 24, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 12:33 pm
Now the clutches of the copyright are in the hand of the Hollywood studios. The U.S District Court has granted preliminary injunction to VidAngel, a movie streaming and filtering services on the ground of violating the copyright of the Hollywood Studios. The Court held that
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The new tale of broadcasting rights
January 23, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 10:06 am
Very recently the court has granted injunction to Raj T.V for using the sound recordings and images owned by Sony Music. The judgment does not have any factual significance but it has gone down to alleging Raj T.V to forbid from using their work. The
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There is no rescue…
January 19, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 8:37 am
While the people have just recuperated from Christmas celebrations all over the World, the Federal Court of Justice (BGH) has delivered a judgment having a great impact on the legal federation. In 2013 the BGH had come up with the ruling which pronounced recalling
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