Intellectual Property updates
Hello there Intellepedia readers. All of us realize that we live in a world where everything is instant. When one can have instant food, instant television and an instant date, why not some instant news? In our endeavour to bring to you Intellectual Property updates from across the globe, we are kick starting today a brand new approach to learning. All we ask of you is to brace yourself for the exciting IP journey ahead!
Aikya prevails over IKEA in Trademark dispute
In a recent judgement delivered by the district court in New Delhi, the famous Swedish brand ‘IKEA’ lost a trademark infringement suit over its name against a Bangalore based consulting company ‘Aikya Global’ over allegedly using a phonetically similar sounding name ‘Aikya’. In earlier instances ex-parte injunctions were issued against several local companies who were found using phonetically similar words to ‘IKEA’, the Court however changed its mind this time and ruled in favour of the India based home company. The issue is not yet over, as the Swedish giant is bound to appeal against the orders of the Delhi Court.
CGPDTM invites applications for National Intellectual Property Awards 2017
The Office of Controller General of Patents, Designs and Trademarks is conferring awards to individuals and enterprises for the work done in the field of Intellectual Property Rights and has invited applications for the same. The event is scheduled to be held on the 26th of April, 2017 in Delhi. A cash prize of Rs. 1 Lakh will be awarded to the winners. There are a total of 10 categories this year including ‘Top Individual for Patent and Commercialization’ as well as ‘Top start-up in the field of IP Commercialization’.
Apple sues Qualcomm, again
Qualcomm, the world’s biggest chip designing manufacturer has found itself in the midst of a volley of legal complaints by Apple. Apple filed two complaints against Qualcomm in china, alleging violation of China’s Anti-Monopoly Law. The demanded damages are well over $145M and it remains to be seen as to how Courts will determine the terms of a patent license between Qualcomm and Apple for Qualcomm’s cellular standard essentials patents. Apple had earlier sued Qualcomm in California for a similar lawsuit seeking 1 billion dollars in damages.
Major Setback to Bayer, Delhi HC allows export of patented drug
In a decision given by the Delhi High Court, it has suspended its earlier order dated 20th December 2016, restraining an Indian drug company Ajanta Pharma Ltd. from manufacturing and selling overseas an erectile dysfunction medicine, the patent for which was held by the foreign company Bayer. The decision has been issued taking into account the larger public interest and the premise that ‘equity demands that absolute or unconditional temporary injunction be not granted’ as it would affect the livelihood of the employees working in Ajanta Pharma and in turn have an adverse impact on the State.
The court has however clarified that Ajanta Pharma cannot distribute the drug in India unless Bayer’s civil suit alleging infringement of its patent in the salts, vardenafil and vardenafil hydrochloride, used to make the erectile dysfunction medicine, Valif, is decided.
A hearing has been scheduled for the first week of February 2017, where the Court will decide on how the entire matter should proceed.
Conference on Copyright and Technology
The DIPP Chair on IPR, National Law University, Jodhpur, is organizing a conference on Issues in Copyright and Technology on April 8-9, 2017. Various topics such as Digital Rights Management, Issues related with Broadcasting, Online copyright infringement, Fair use and Fair Dealing, etc are slated for debate and discussion.
Authored by Shreya
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