Celebrity Rights – Is It Important In India?

During the past couple of years, celebrity or personality rights has been a hot topic of discussion in field of intellectual property. Various schools of law have mixed opinions when the matter of celebrity rights is considered. In this blog, the main quest will be to briefly study the major laws that may come in path while considering the celebrity rights in various jurisdictions and how Indian law should recognize the same for better protection of the rights of celebrities. 1.      Introduction Celebrity, as common understanding refers to, is a person that have obtained a fame and name in society... Read More

Honest Commercial Practice Can Be A Defense In A Trademark Infringement Suit

A Singapore freight forwarder, Megastar Shipping won a lawsuit against various well known and famous brands namely Louis Vuitton, Gucci, Burberry and Hermes. These brands had filed a lawsuit against the said freight forwarder in Singapore High Court in March, 2013 for trans shipping fake and trademark infringing goods. These goods were inspected by Singapore Customs on duty officers during its route from China to Batan via Singapore, wherein the concerned officers found and siezed 40 foot containers, 436 cartons containing fake fashion accessories such as China-made bags, shoes, belts and other fashion accessories. During court proceedings, it was heard... Read More

Disney’s Trademark Woes: No Worries?

The year of 2019 has been regarded as the most promising year. It started with Disney’s magnum opus announcement to deliver two motion pictures consecutively. The much loved ‘Aladdin’ and the popular ‘Lion King’, is all set to captivate the audience in the coming months. But, is everything hunky dory in the Disney world? In the recent news, a brazen petition was undertaken by Mr. Shelton Mpala, to direct the Disney Company from relinquishing the trademark of the phrase “Hakuna Matata.” The term is used in the movie “Lion King” by the characters of the movie ‘Timon’ and ‘Pumba’, as... Read More

Tale Of The Contentious Broccoli Patent

GRANT OF PATENT The European Patent Office accorded a patent on a special kind of Broccoli, containing high content of glucosinolates with health benefits; vide patent number EP1069819, in 2002. This particular kind of broccoli plant stems from the cross breeding of wild variants of broccoli, consisting of native traits, with broccoli of commercial varieties. The patent granted covers not just the grown plant but also the seeds and the harvested food. Owned by the company Monsanto, the patented broccoli is marketed as “super broccoli” in the countries of US and UK.[1] In 2013, Seminis, a company owned by Monsanto... Read More

Strict Examination Criteria needed for Drug Patents

Background Patentability of pharmaceutical drugs and other issue associated with the patent have been a moot point all over the world. Like other developing countries, India has also started granting patent rights to pharmaceutical drug products since the year 2005. The biggest concern that comes up in this scenario is of ‘Ever greening strategies’ which are dealt in section 3(d) of the Indian Patent Act, 1970. The said section proscribes the grant of patent to a new form of a known substance unless it substantially enhances the therapeutic efficacy of the drugs. Thus, the need to strike a balance between... Read More