Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.
Highlights of the Week
A Deeper Look into the Humans of Bombay and People of India Fiasco
Humans of Bombay v. People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. Illustratively looking into a set of allegedly similar “images” presented in the order, they highlight how the images are actually screengrabs from two videos presenting different stories and discuss how this (which may or may not be true for all the claims) can impact the infringement assessment. Read on to know their thoughts on the controversy, questions around ownership of the work and copyrightability of business model and more!
SEPs & FRAND: Misnomers & Maladies
Following the discussion in their co-authored paper titled “SEP Litigations & Issues in Determining the FRAND License” Dr. Victor Vaibhav Tandon and Dr. Ashwini Siwal write on important questions surrounding the technical and jargon-filled world of SEPs and FRANDs. Some of the issues that they discuss are how FRAND disputes have different stakes than the ones involved in other patent infringement cases; the issues with national courts determining global FRAND rates; and how “Standard Essential Patents” could be a misnomer.
SpicyIP Tidbit: 2023 Nobel Prize in Physiology for Base Modifications in mRNA Vaccines
Katalin Karikó and Drew Weissman were awarded the 2023 Nobel Prize in Physiology for their discoveries related to mRNA. mRNA technology was instrumental in developing the COVID-19 vaccines. More on this news below!
Other Posts
Comments from Other Bodies/ Organizations on the Draft Patent (Amendment) Rules, 2023
Comments from Other Entities on the Draft Patent (Amendment) Rules, 2023!
In response to our invite to anyone interested in sharing their comments on the Draft Patent Amendment Rules, 2023 submitted to the Ministry of Commerce, we received the submissions from the Indian Drugs Manufacturing Association and Public Citizen. Click below to see them, or to share your submissions.
The Supreme Court recently stayed the National Green Tribunal’s order affirming the National Biodiversity Authority’s imposition of hefty fees on a seed company for past access to biological resources. A look at this tribunal order raises important questions around its interpretation of conventional breeding with commercial motives and the use of biological resources for research. Read Gaurangi’s post on the NGT’s order.
Case Summaries
Dominos IP Holder LLC and Anr v. MS Dominick Pizza and Anr on 26 September 2023 (Delhi High Court)
Holding the competing marks “Dominoes” and “Dominick” to be similar, the Delhi High Court restrained the defendant from using the impugned marks. The court also observed that where marks in question pertain to food items or eateries where food items are dispensed and served, a higher degree of care and caution is expected to be observed.
Comparing the competing marks, the Delhi High Court held that the plaintiff has made out a case for infringement. The Court held that the parties are using marks whose dominant feature is TIME, providing identical services and accessed by the same interested consumers. The Court further held that there is likelihood of confusion and in light thereof passed the present injunction order and imposed actual costs on the defendant.
In this case pertaining to trademark infringement, the Delhi High Court instructed the defendant’s counsel to file an affidavit and explain how a counterstatement was filed in the name of the defendant, bearing his signature, after his demise.
Star India Pvt. Ltd. v. YoDesiSerial.SU & Ors. on 4 October. 2023 (Delhi High Court)
Delhi High Court decreed the suit in favor of the plaintiff permanently restricting 338 “rogue websites” from communicating the plaintiff’s work
Mubeen Rauf v. Union of India & Ors. on 6 October, 2023 (Kerala High Court)
In a writ petition seeking action against film critics deliberating giving bad reviews, the Kerala High Court directed the State Police Chief to inform the court if an individual can file complaint against “Review Bombing” and the mode of investigation against such complaints.
Other IP Developments
International IP Developments
- SEO Powered Content & PR Distribution. Get Amplified Today.
- PlatoData.Network Vertical Generative Ai. Empower Yourself. Access Here.
- PlatoAiStream. Web3 Intelligence. Knowledge Amplified. Access Here.
- PlatoESG. Carbon, CleanTech, Energy, Environment, Solar, Waste Management. Access Here.
- PlatoHealth. Biotech and Clinical Trials Intelligence. Access Here.
- Source: https://spicyip.com/2023/10/spicyip-weekly-review-october-2-october-8.html
