LALL & SETHI

Broadcasting

Trai has Powers to Regulate Broadcasting, Control Tariff: HC
July 09, 2007: Indiantelevision.com

The Delhi High Court has upheld the powers of the Telecom Regulatory Authority of India (Trai) to administer the broadcasting sector. The court has dismissed the writ filed by SET Discovery and Star as not maintainable, and has ruled that Trai has the power to regulate tariff for broadcasters, as well as interconnection issues. The channels had last year filed the writ saying that Trai being is a telecom regulator. Since broadcasting is not a telecom service, the Authority did not have powers over the broadcasting sector.  more...
 

Patents

Novartis loses plea on patent board member
July 21, 2007: Business Standard

The Intellectual Property Appellate Board (IPAB) dismissed Novartis’s petition seeking a new member in place of former Patent Controller S Chandrasekhar to hear its appeal on the denial of an Indian patent for its blockbuster blood cancer drug, Glivec.  Novartis was of the view that Chandrasekhar being the patent controller who had denied patent rights for Glivec should not be on the IPAB when an appeal against the decision is heard. IPAB, in its verdict today, dismissed Novartis’s plea.  more...
 

US firm sues Cadila in patent row
July 10, 2007: Business Standard

Three Rivers Pharmaceuticals, a US-based speciality drug manufacturer, has sued Zydus Cadila (Cadila Healthcare) and its US subsidiary Zydus Pharmaceuticals (USA) for infringing on the former’s patent on a process for manufacturing an anti-viral drug Ribavirin used in the treatment of Hepatitis C.  The lawsuit was filed in the district court of Virginia about a month ago to prevent Zydus Cadila from making, selling or importing finished dosage forms of ribavirin in the United States.  more...
 

Patent board reserves verdict on Novartis plea
July 11, 2007: Business Standard

The Indian Patent Appellate Board (IPAB) reserved judgement on Novartis’ appeal challenging the appointment of former Controller General of Patents S Chandrasekhar as a technical member of IPAB, which is hearing its appeal against the Indian patent office’s move to not allow patent protection to its anti-cancer drug Glivec in India.  The Swiss pharma major had objected to the composition of the IPAB patents cell on the grounds that Chandrasekhar was Controller General of Patents when the company’s original application for Glivec was rejected.  more...
 

Ranbaxy loses patent battle to Pfizer
July 11, 2007: Financial Express

Ranbaxy Laboratories Ltd lost a patent battle to the US pharma major Pfizer over atorvastatin, the active ingredient in the latter’s cholesterol lowering drug Lipitor in Ireland. According to the ruling, subject to a possible appeal, Ranbaxy cannot launch its generic drug in the $20 million market before November 2011. The High Court in Dublin, Ireland ruled that a competitor product (from generics manufacturer Ranbaxy) would infringe the basic patent covering atorvastatin.  more...
 

Pirated Copies of 'Sivaji' Seized
Jul 08, 2007: The Hindu

The Central Crime Branch police seized pirated copies of audio and video DVDs of the recently released Tamil film 'Sivaji'. On a tip-off that audio and video DVDs were sold at Kumaran Colony in Vadapalani, the police conducted a raid and secured C. Raviraj. Interrogation revealed that he got the copies from Puduchery. The police have filed cases under the Copyright Act and the IPC.  more...
 

Copyrights

Nike sues Chinese shoemakers 
July 17, 2007: Sify.com

American sporting goods giant Nike has sued two Chinese shoe manufacturers for alleged copyright infringement and a French supermarket for displaying and selling the shoes. The infringement involves the use of a logo - silhouette of former basketball star Michael Jordan slam-dunking - on the sports shoes of the Chinese companies.  more...
 

HC restrains Zee TV from using music without license of IPRS
July 18, 2007: Economic Times

The Delhi High Court has restrained Zee Entertainment from using musical compositions, lyrics and songs in its programmes without obtaining prior license from Indian Performing Right Society Ltd (IPRS). Till the next date of hearing, the defendant (Zee Entertainment Enterprises Ltd) and its agents are restrained from broadcasting to the public literary and musical works and sound recordings without obtaining the license from the plaintiff (IPRS). The court also issued notice to Zee Entertainment and its executive director on a suit filed by IPRS and Phonographic Performance Ltd (PPL) seeking damages for infringment of copyright of its music.  more...

Government launches e-filing programme for patent, trademark
July 20, 2007: Economic Times

The government launched a facility for e-filing of patent and trademark applications to expedite the process of securing exclusive rights over a product or trading symbol.  With the launch of e-filing facilities, applicants can file their patent and trademark applications at their convenience through the Internet. Payments can also be made through authorised bankers. As of now five lakh trademarks have been registered in the country and efforts are being taken to ensure the backlog of applications is cleared promptly.  more...

India to file application for ISA & IPEA recognition soon, e-filing launched
July 20, 2007: Indlawnews.com

Union Minister of Commerce & Industry, has launched the e-filing of Patent & Trademark applications. With the launch of e-filing facilities applicants can file their patent and trademark applications from anywhere in the world at any time at their convenience through Internet. Payments can also be made through the Payment Gateway of authorised bankers, which would save time and money and the hassles involved in visiting and filing the applications in the offices.  Dwelling on the future initiatives, the next step is making Indian Patent Office (IPO) an International Search Authority (ISA) and an International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty. Recognition as ISA and IPEA will enhance the prestige of the IPO and may attract work from abroad.  more...
 

Draft policy on IPR released
July 11 2007: newindpress.com`

The State Government has released the draft policy on Intellectual Property Rights (IPR) reinstating its commitment to protect Kerala’s traditional knowledge and biodiversity. The policy recommends the constitution of a committee led by the Chief Minister as chairman and Law Minister as vice-chairman to examine the violations in IPR and to take legal measures to prevent that. This comes in the wake of the inherent threat posed to Kerala’s traditional knowledge like Ayurveda in the context of globalisation through World Trade Organisation (WTO) and Trade Related Intellectual Property Rights (TRIPS). The policy will ensure that the traditional knowledge in Kerala is codified and patented as a protective measure before the multinational companies (MNCs) take ownership through its research-based knowledge exchange and research outsourcing.  more...
 

Genome Valley secures US’ IPR certificate
July 10 2007: newindpress.com

Genome Valley was issued a registration certificate for the certification mark (intellectual property rights) by the United States Patent and Trademark Office. Genome Valley, is the country’s first state-of-the art biotech cluster providing world-class infrastructure. It has also been granted a community trademark in the European Union in 2005.  more...
 

State to form IPRs Supervisory Council - Plan for law to govern Intellectual Property Rights
July 11, 2007: The Hindu

The Government will soon form an Intellectual Property Rights Supervisory Council to oversee utilisation of intellectual property rights and their violations, encourage research that could lead to patents, and assist persons seeking to secure patents.  more...
 

Trademarks

Formula One bosses fail in trademark case
July 13 2007: newindpress.com

Formula One bosses failed to secure exclusive rights to the sport's 'F1' abbreviation after the Trademark Registry ruled against them. Registry Officials relying on evidence from media coverage and online encyclopaedia Wikipedia, found that the public would recognise Formula One as a type of sport rather than a brand name. As Wikipedia comments, F1 is the highest class of single-seat, open-wheel formula auto racing. There is no hint in the Wikipedia references to indicate that F1 is seen as anything other than a particular form of motor racing.  more...
 

Bitter pill for 'Aggarwal Sweets': HC says non-unique surnames can't be registered
July 13, 2007: expressindia.com

AGGARWALS, like Bhatias, Chopras and Nathus, are all surnames common in the region. But are they distinctive enough to be registered as exclusive trademarks for commercial establishments? That's the question the Delhi High Court addressed, while hearing a petition challenging the 'exclusive' trademark rights on the name Aggarwal, as used by the famous 'Aggarwal Sweets Corner'. The HC bench of Justice Badar Durrez Ahamed put the debate to rest with a simple two-tier test by invoking Section 9 of the Trade Merchandise Marks Act. The Act clearly puts legal restrictions on naming businesses after surnames, castes and sects.  more...
 

Diago Seeks Damages for Trademark Infringement
July 08 2007: news.oneindia.in

Manufacturers of International brand 'Blue Label' and 'Black and White' Scotch Whisky have approached the Delhi High Court to protect their well-established trademark and trade dress from being infringed. Justice Sanjay Kishan Kaul of the Delhi HC has directed Goa-based Real Food Exporters Pvt Ltd to stop the manufacturing, sale or advertisement in any form of the malt whisky, 'Real Black', which is alleged to be a similar version of Black and White, while Blue Label is alleged to be a copied version of Johnnie Walker Blue Label, till the next date of hearing.  more...
 

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Authoritative Decision of Supreme Court of India on Domain Name Dispute

Civil v Criminal Remedies

Deadlines

Domain Registrations

Enforcement of Trade Marks

Salient Features of The Trade Marks Act, 1999

The Patents (Amendment) Bill 2005

Indian Court Grants Punitive Damage for Trade Mark Violation

Supreme Court on Injunctions

Supreme Court of India Reiterates its commitment to Protect Well-Known Foreign Brands

Landmark Supreme Court of India Decision on USE of Trade Marks

TM Act 99 - Well known Trade Marks

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Broadcast & Entertainment Sector Newsletter