TRADEMARK
BOMBAY HC STAYS ₹4.5 CR PENALTY IMPOSED ON PATANJALI
The Bombay HC has stayed a ₹4.5 crore fine imposed on
Patanjali Ayurved in a trademark infringement case. The fine was
imposed on Patanjali for violating a court order that prohibited
the sale of camphor products that allegedly infringed Mangalam
Organics' trademark. Patanjali challenged the fine imposition
in the Division Bench of the HC.
While the HC stayed the fine, it allowed ₹50 lakh already
deposited by Patanjali to remain with the court.
(1) Patanjali Ayurved Ltd. & Anr. vs. Mangalam Organics Ltd. & Ors (Interim Application (L) No.26085 of 2024 In Commercial Appeal (ST) No.26060 of 2024)
TRADEMARK
DELHI HC CLOSES IMPERIAL HOTEL TRADEMARK DISPUTE
The Delhi HC has resolved a 16-year-long trademark dispute
between Hardev Singh Akoi and Jasdev Singh Akoi, the joint owners
of The Imperial Hotel in Delhi. The disagreement started over
changes to the hotel's trademark, particularly the introduction
of an elephant logo instead of the original lion logo. Hardev
accused Jasdev of making these changes without his consent, leading
to a legal battle.
After years of mediation, the brothers reached a settlement. The
court accepted the settlement and closed the case. The Imperial
Hotel is a historic landmark in India's freedom struggle and
continues to be a center for political meetings.
(1) CS(COMM) 411/2018 & I.A. No. 48333/2024
TRADEMARK
TRADEMARK DISPUTE OVER JIGRA MOVIE
In an interesting case, the Delhi HC has referred a trademark
dispute involving the recent Karan Johar film "Jigra" to
mediation. The suit was filed by Medecins Sans Frontieres (MSF)
against Dharma Productions over the unauthorized use of MSF's
trademark in the film.
MSF objected to a scene where characters of prisoners impersonate
MSF members to illegally cross borders. MSF claims that this
tarnishes their reputation and dilutes their trademark. The Court
has scheduled mediation for December 24, 2024, with a follow-up
hearing on January 30, 2025.
(1) Medecins Sans Frontieres International V/S Dharma Productions Private Limited And Ors CS(COMM) 909 / 2024
TRADE SECRET
COURT IMPOSES 2-YEAR SENTENCE IN TESLA TRADE SECRETS THEFT
Klaus Pflugbeil, a German-Canadian resident of China, was sentenced to 24 months in U.S. prison for stealing Tesla's electric vehicle battery trade secrets. Pflugbeil, along with his business partner, used Tesla's confidential information to develop their own EV battery business in China.
Pflugbeil pleaded guilty in June and was charged with conspiring to sell Tesla's trade secrets to undercover FBI agents. The US Department of Justice sentenced Pflugbeil to a 24-month imprisonment.
COPYRIGHT
LULU MALLS ORDERED TO GET LICENSE FOR MUSIC USE
The Bombay HC has ordered Lulu International Shopping Malls to obtain a license from Phonographic Performance Limited (PPL) before using copyrighted sound recordings on their premises. The case dates back to 2022, when PPL, a licensing agency that represents the interests of music publishers, accused Lulu Malls of repeatedly using copyrighted music without authorization.
The court ruled that Lulu must obtain proper licenses from PPL for all music played during events, including third-party events, and ensure event organizers also get the necessary permissions. The Court also clarified that public places, like malls, need to obtain a license from organizations like PPL to play copyrighted music on their premises.
INDUSTRIAL DESIGN
ICRISAT'S SOLAR HARVESTER GETS DESIGN PROTECTION
ICRISAT's (International Crops Research Institute for Semi-Arid Tropics) solar-powered water hyacinth harvester has been granted industrial design protection, recognizing its innovation in sustainable agricultural technology. The user-friendly, cost-effective design addresses water hyacinth infestations in rural ecosystems, offering a solution that can be operated by untrained workers.
This protection ensures ICRISAT's unique design remains exclusive, safeguarding their intellectual property and reinforcing their commitment to environmentally friendly, economically viable solutions. This is the first industrial design protection granted for Solar-Powered Water Hyacinth Harvester.
PATENT
J&J'S PATENT EXTENSION FOR TB DRUG DENIED
The IPO has denied Johnson & Johnson's request to extend
its patent for Bedaquiline, a crucial drug for treating
tuberculosis (TB). This decision will allow more affordable
versions of the drug to be available, benefiting millions of TB
patients, especially in developing countries like India.
Bedaquiline is a key treatment for drug-resistant TB, but its high
cost has been a barrier for many. This ruling follows earlier
rejections of Johnson & Johnson's patent applications for
the drug, helping improve access to life-saving treatment.
Indian Patent Office office "denying patent extension"
to Johnson & Johnson for their TB drug, as captioned in news
headlines, is a misnomer. In India, like in many TRIPS-mandated
countries in the world, patents are not extended beyond 20 years
under the Indian Patents Act, 1970. though some countries like the
US have created strict grounds and guidelines for the same if the
same is requested. What is meant as 'patent extension' in
the news item is the wrongful practice of unjustly extending patent
protection through minor modifications to existing products,
sometimes referred to as "evergreening of patents".
Section 3(d) of the Indian Patents Act, sets stringent criteria,
for not granting patents for such incremental innovations, unless
they demonstrate significant efficacy, and effectively discourage
practices that might warrant extensions in other jurisdictions. The
absence of patent extensions fosters innovation while guaranteeing
timely access to affordable alternatives once the patent term
expires.
Somehow, the news item serves to project India in a negative light,
while our patent law seeks to strike a balance between protecting
patent rights and addressing public health needs. Extending patent
terms, especially for pharmaceuticals, could postpone the
availability of affordable generic medicines, which are essential
for a country with a vast population and considerable healthcare
demands.
GEOGRAPHICAL INDICATION
GI TAGS TO SEVEN PRODUCTS FROM ANDAMAN & NICOBAR
In a groundbreaking achievement, seven products from the Andaman and Nicobar Islands have been awarded Geographical Indication (GI) tags for the first time, marking a significant milestone for the region. The products include Hodi (an outrigger canoe), Nicobari Mat (Chatrai-hileuoi), Nicobari Hut (Chanvi Pati – Nyi hupul), Padauk Wood Craft, Andaman and Nicobar Coconut, Nicobari Tavi-i-Ngaich (Virgin Coconut Oil), and Andaman Karen Musley Rice.
The entire process was coordinated under the guidance of 'the GI man of India', Padma Shri Rajani Kant. The recognition underscores the unique cultural heritage of the Nicobarese and Karen people while safeguarding these products for the future.
(1) https://theprint.in/india/seven-products-of-andaman-and-nicobar-islands-get-gi-tags/2387529/
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