In the most recent development in the Ercisson versus CCI battle, the Delhi High Court on the 30th of March, 2016 has dismissed the petition filed by Ericsson in the case of Telefonaktiebolaget LM Ericsson (Publ). v. Competition Commission of India & Anr. In the order passed by Justice Vibhu Bakhru, the court stated that ”Merely because certain reliefs sought by Micromax and Intex before CCI are also available in proceedings under the Patents Act does not exclude the subject…
It has been brought to the notice of SiNApSE Team that numerous trade mark applications have been abandoned by the Indian Trade Mark Office in one shot. One person estimates the number to be more than 1.5 lakh applications. The reason as stated by one source is that the trade mark applications are showing as abandoned because examination responses were not filed on time.
One lawyer reports that the Trade Mark officials are claiming that all examination reports, which have…
We all love a good TED talk, an insightful and informative talk given by someone who understands the subject matter he or she is discussing. For all our readers who are not aware of what TED talks are, TED stands for Technology, Entertainment and Design. These TED talks are held all around the world and are primarily educational in nature. The talks do not focus on any one topic or subject, as the talks are delivered by speakers coming from…
India has seen a lot of chaos in the field of IP within the last decade. From amendments to draft amendments and propositions to impositions, IP in India has seen it all. In the past year alone we have witnessed 3 major amendments being proposed to the Patents Act and Rules and Trademark rules. Further, we have had several major discussions including discussions on the IPR policy for India, guidelines for examination of patents, software patents, etc.
The trend…
Well we’re all aware how heinous a crime piracy is and how every year the entertainment industry suffers a loss of millions of dollars due to it. For more than a decade anti-piracy organizations have been targeting pirate websites to curb instances of piracy. One such organization is BREIN (Bescherming Rechten Entertainment Industrie Nederland, which roughly translates to association for the Protection of the Rights of the Entertainment Industry of the Netherlands), a Dutch organization which has been an active…
The timing of what has just happened in the world of patents cannot get better than this news. On the 1st of March 2016, the Department of Industrial Policy and Promotion (DIPP) published a discussion paper on standard essential patents (SEPs) and their availability on fair, reasonable and non-discriminatory (FRAND) terms. The paper invites views from the concerned stakeholders regarding Standard Essential Patents and the issues surrounding them until the 31st of March, 2016.
In our previous post on SEPs,…
The Make in India program was launched by Prime Minister, Mr. Narendra Modi, in September 2014 as part of a wider set of nation-building initiatives. These initiatives were aimed at encouraging multi-national, as well as national companies to manufacture their products in India.
Last year in July, the Department of Industrial Policy and Promotion (DIPP) had come up with various strategies, keeping “Make in India” as the backdrop to encourage innovation and creativity, further boosting the intellectual property rights (IPR) regime. Some…
This post is in continuation to Standard Essential Patents : Fair? Reasonable? Non-Discriminatory? (I). In this post we will discuss the state of FRAND based litigation in other countries and look at how the Courts moved to interpret the law.
The first of the cases to be discussed are as follows:
Apple Inc. v. Motorola, Inc. and Motorola Mobility, Inc
Apple filed two complaints in the Western District of Wisconsin for patent infringement against Motorola, Inc. and Motorola Mobility, Inc., seeking…
Standard Setting Organizations (SSOs) set standards and essential features that must be fulfilled by specific essential items, materials, components, systems or services. Few examples of such SSOs in India are Bureau of Indian Standards (BIS), Telecom Standards Development Society of India (TSDSI), Telecommunication Engineering Centre (TEC), The Global ICT Standardization Forum for India (GISFI) and Development Organization of Standards for Telecommunications in India (DOSTI). When such specific essential item, material, component, system or service is in conformity with the set…
Last Wednesday, IP Kat had reported about an interesting opinion given by the Advocate General Szpunar in the case of Tobias Mc Fadden v Sony Music Entertainment Germany GmbH, C-484/14 which states that the Operator of a shop, hotel or bar who offers a password free Wi-Fi network are not liable for copyright infringement committed by users of that network.
In the instant case Tobias Mc Fadden operated a business of lights and sound systems near Munich that provides a…