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CASE BRIEF : European Commission vs. Union of India

Facts The Petitioner, the European Union filed two writ petitions seeking two of the orders passed by the Controller General of Patents to be set aside. The orders stated that two patent applications shall be treated as “deemed to be abandoned” under Section 21(1) of the Patent Act, 1970 (“Act”). The Petitioner, initially engaged a European law firm who then engaged a patent agent in India to prosecute their Indian Applications. Later in June, 2017 it engaged another European Firm…

BananaIP Reporter Intellectual Property, Patents July 13, 2022 1553Views 0Like

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The Petitioner in this case, Best…

BananaIP Reporter Case Study, Intellectual Property, Patents July 11, 2022 1571Views 0Like

Image accompanying weekly update on copyright and entertainment law

Weekly Updates: Copyright and Entertainment Law

NBA player sued for copyright infringement Kendrick Nunn, a player for the Los Angeles Lakers, has recently been hit with a copyright infringement suit from curtsied photographer Steven Mitchell. The suit arose after Nunn posted a photograph clicked by Mitchell, onto his social media profiles, without taking any license or permission from the photographer. Mitchell has also previously filed a similar suit against NBA legend LeBron James, which was only recently settled for around 1 million US dollars Ranchi Court…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law July 8, 2022 1169Views 0Like

Proposed Draft of Amendments to IT Rules, 2021 - BananaIP's Comments and Suggestions

BananaIP’s Comments and Suggestions – Proposed Draft of Amendments to IT Rules, 2021

Background The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 was proposed by the Ministry of Electronics and Information Technology on 25th February, 2021. The draft amendments to the same were made available for public scrutiny on the 6th June, 2022, seeking comments and suggestions within thirty days from that date, i.e. by 6th July, 2022, to [email protected] or [email protected], in MS Word (or compatible format) or machine readable PDF format. Part I – Proposed Changes and General…

BananaIP Reporter General, Intellectual Property July 6, 2022 810Views 0Like

Latest Trademark Cases in 2022 – Part 5

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Khadi &Village Industries Commission V. Raman Gupta & Ors. In this case, the Plaintiff, Khadi & Village Industries Commission was regulated under Khadi and Village Industries Commission Act, 1956. The Plaintiff was the registered proprietor of various words bearing the name "KHADI" in both Hindi and English language and also a logo in the form of 'Charkha Logos'. The Defendants started using the…

BananaIP Reporter Intellectual Property, Trademarks July 5, 2022 1946Views 0Like

Weekly Trademark Updates

This week’s trademark updates are as follows: Gujarat High Court issues notice to Microsoft in trademark infringement suit A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…

BananaIP Reporter Geographical Indications (GI), Intellectual Property, Media and Entertainment Law, Trademarks July 1, 2022 972Views 0Like

Accessibility of Intermediary Services to Persons with Disabilities – Proposed Amendments to IT Rules

A. Background On 6th June, 2022, the Ministry of Electronics and IT, Government of India, published a press note sharing the Proposed Draft Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as “IT Rules, 2021”), and sought comments and suggestions from the stakeholders with respect to the proposed rules. As stated in the press note, two important principles that underlie the proposed amendments are: “The Internet should be Open, Safe &…

BananaIP Reporter Accessibility, General, Intellectual Property, Social Media Law June 29, 2022 1028Views 0Like

Image accompanying blogpost on "MeiTY invites comments on Draft Amendments to IT Rules, 2021"

Draft IT (Intermediary Guidelines and Digital Media Ethics Code) Rules Published for comments by MeitY

On 6th June, 2022, the Ministry of Electronics and Information Technology (MeiTY), released a press note inviting public feedback and comments on the ‘Proposed draft amendment to the IT Rules, 2021’. Comments/suggestions on the draft amendment may be shared via email to [email protected] and [email protected] in either MS Word (or compatible format) or machine readable PDF format by 6th July, 2022. A formal public consultation meeting is expected to be arranged by Mid-June, the details of which should be notified…

BananaIP Reporter General, Intellectual Property, Media and Entertainment Law, Press Release, Social Media Law June 18, 2022 1174Views 0Like

Draft National Policy for Persons with Disabilities – Comments and Suggestions

Background The Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment, Government of India published a Draft National Policy for Persons with Disabilities (hereinafter referred to as "National Disability Policy" or "Disability Policy") for comments from the general public. The proposed policy is expected to replace the prior policy of 2006, and bring India's policy for persons with disabilities in line with the UNCRPD, the RPwD Act, and other developments in the country. One of…

BananaIP Reporter Accessibility, General, Intellectual Property, Press Release June 18, 2022 1131Views 0Like

Image accompanying the weekly copyright and entertainment law news updates.

Weekly News Updates: Copyright and Entertainment Law

This is a weekly news update on Copyright and Entertainment Law. Makers of “Top Gun: Maverick” sued for Copyright infringement A suit for copyright infringement has been filed against Paramount Pictures, the makers of the movie “Top Gun: Maverick”. This suit has been filed by the widow and son of Ehud Yonay, whose 1983 article ‘Top Gun’ inspired this movie’s prequel, “Top Gun”. They have claimed for damages including profits on grounds that Paramount Pictures failed to re-acquire the rights to…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law June 17, 2022 1143Views 0Like

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