IP Weekly

GNLU Centre for Intellectual Property Rights

First Edition: September 17

NATIONAL UPDATES

Patent Application for Yahoo Instant Messaging Dismissed

Yahoo had filed a patent application in 2007 for a method which scheduled the appearance of users online presence in an instant Messaging application. The Intellectual Property Appellate Board had dismissed the same by distinguishing the terms 'patent eligibility' and 'patentability' under Section 3(k) of the Patents Act. In this case, the Assistant Controller's decision identified the crux of the claim, as if the crux of the claim was within the ambit of hardware and not software Section 3(k) would be inapplicable.


For more information, please refer to http://www.ipabindia.in/Pdfs/Order-222-11-OA-22-10-PT-CH.pdf and http://spicyip.com/2016/09/yahoo-instant-messaging-patent.html.

Publishers Lose Copyright Case against Delhi University

The Delhi High Court had recently dismissed suits by a group of international publishers against sale of photocopies of text books and course material by a shop in Delhi University. The Court held that the educational exception under Section 52(1)(i) of the copyright act is broad enough to cover the acts of photocopying and the creation of course packs by Delhi University (DU) for their students.


For more information, please refer to http://www.hindustantimes.com/delhi/publishers-lose-copyright-case-against-du-s-photocopy-shop/story-Yly8FJ1mNjf71snIL8tpvO.html.

ITC Wins Copyright Infringement case against Britannia

Delhi High Court restrained Britannia Industries Ltd by granting an interim injunction, from using the wrapper of its ‘Nutri Choice Digestive Zero’ biscuits in its present form, saying it was “deceptively similar” to the packaging of ITC’s Sunfeast ‘Farmlite Digestive All Good’ biscuits. The Court asked Britannia to adopt a “distinctively different” packaging from the one currently used by ITC for its biscuit as such “deception” could confuse the consumers. However, the court said it would be open to Britannia adopting the packaging it uses for the product internationally or, while retaining the yellow colour, it could substitute the blue colour in the packaging with any other distinctive colour other than variants of blue.


For more information, please refer to http://www.business-standard.com/article/companies/the-cookie-crumbles-in-itc-vs-britannia-biscuit-packaging-infringement-116090600474_1.html and http://www.ipera.in/copyright/item/736-itc-wins-copyright-infringement-case-against-britannia.html.

Supreme Court Restrains Ecotech from using Hero Trademark

The Supreme Court had restored the order of injunction granted by the Trial court to Hero Cycles, by restraining the competitor Hero Ecotech Limited from using the trade name "Hero" for its bicycles. The Supreme Court had reversed the decision of the Patna High Court, which had set aside and vacated March 21, 2015 injunction order granted by the trial court.


For more information, please refer to http://www.deccanherald.com/content/568881/sc-restrains-hero-ecotech-ltd.html and http://www.ipera.in/trademark/item/737-sc-restrains-ecotech-from-using-hero-trademark.html.

WIPO likely to have an Indian Office Soon.

As per a statement issued by Commerce minister Nirmala Sitharaman, India had sent an official request to the UN agency, World Intelelctual Proeprty Organisation to open an office in India free of cost. India’s offer was conveyed by Mrs Sitharaman to WIPO Director General Francis Gurrey at an event to launch the Golabl innovation Index (GII) 2016.


For more information, please refer to http://www.ipera.in/component/k2/item/730-wipo-likely-to-have-an-indian-office-soon.html.

Infraction of Right coupled with Right itself constitutes Cause of Action

In the case of Music Broadcast Limited v. Axis Bank & Anr, the Division Bench of the Delhi High Court ruled with respect to the exclusive jurisdictional clauses contemplated in voluntary license agreements and entailed the circumstances in which such jurisdictional clauses came into play vis-à-vis "cause of action". The Division Bench of the Court opined that as both the issuance of the compulsory licences and the cancellation of compulsory license was done by the Registrar of Copyrights at Delhi, the same can be referred to as the 'cause of action'.


For more information, please refer to https://indiankanoon.org/doc/12615498/ and http://www.ipera.in/copyright/item/745-delhi-high-court-rules-that-the-infraction-of-right-coupled-with-the-right-itself-constitutes-the-cause-of-action.html.

INTERNATIONAL UPDATES

CJEU decides Wifi-network copyright infringement case.

In the case of Tobias Mc Fadden v Sony Music Entertainment Germany GmbH, the Court of Justice of the European Union was called on to clarify whether and to what extent a professional who, in the course of business, operates a Wi-Fi network that is accessible to the public free of charge may be held liable for copyright infringements committed by users of that network. The CJEU, unlike the AG decision held that a provider of password-free, free Wi-Fi may be asked to password-protect its network to bring infringements to an end. This has been criticised as the CJEU appears to have decided that password protection would be effective only if the user is required to provide identity details to the service provider so that the user cannot act anonymously. If that does not occur, then seemingly the measure would not qualify as effective and so an injunction ought not to be granted. However that would (according to the Court) deprive the fundamental intellectual property right of any protection.


For more information, please refer tohttp://curia.europa.eu/jcms/upload/docs/application/pdf/2016-03/cp160028en.pdf and http://europeanlawblog.eu/?p=3155.

Warner Bros Flags its own websites due to Copyright Infringement

Warner Bros had requested Google to remove its own websites and erase search results on the ground of copyright infringement. A list of websites for removal included official Warner pages for the films "The Dark Knight", "Batamn Begins", "The Matrix" and "Inception".


For more information, please refer to http://www.ipera.in/copyright/item/739-warner-bros-flags-its-own-websites-due-to-copyright-infringement.html.

The District Court clears Apotex of Patent Infringement

The federal judge in Florida has ruled that Apotex Inc would not infringe an Amgen Inc patent by making copycat versions of Amgen's white-blood-cell-boosting drugs Neulasta and Neupogen. The Court held that the protein-folding process described in Apotex's applications was sufficiently different from the method described in Amgen's patent that it did not infringe the patent. The ruling removes one potential obstacle for Apotex in its effort to launch the copycat drugs.


For more information, please refer to http://www.reuters.com/article/health-neulasta-idUSL1N1BJ1RD and https://www.pharmapatentsblog.com/2016/09/15/district-court-clears-of-infringement/.

Beyonce’s album Lemonade wins copyright lawsuit

US District Judge Jed Rakoff decided to dismiss the suit filed by independent filmmaker Matthew Fulks who accused Beyonce of stealing his short film "Palinoia" for her award-winning album. While the Judge did not explain his reasoning behind the verdict beyond writing, "Upon full consideration of the parties' briefs and oral arguments, the Court grants defendants' motion. A memorandum explaining the reasons for this ruling will issue in due course, at which time final judgment will be entered."


For more information, please refer to http://www.business-standard.com/article/pti-stories/beyonce-wins-lemonade-copyright-lawsuit-116090200618_1.html and http://www.ipera.in/copyright/item/738-beyonce-s-album-lemonade-wins-copyright-lawsuit.html.

Pierre Cardin loses trademark against Indonesian Businessman

French fashion house Pierre Cardin has lost a lawsuit against an Indonesian businessman who uses the name "Pierre Cardin" for his fashion products. While Ludiyanto argued that Pierre Cardin was a world-recognized brand and had been registered in many countries; including Indonesia in 2009. The panel of judges said Alexander registered the brand in Indonesia in 1977, three decades before the France- based designer’s registration. “The defendant added the words ‘product by PT Gudang Rejeki' the brand did not use the fame of the other brand.


For more information, please refer to http://en.europeonline-magazine.eu/pierre-cardin-loses-trademark-lawsuit-against-indonesian-businessman_483035.html.

GNLU Centre for Intellectual Property Rights

GNLU Centre for Intellectual Property Rights,

3rd Floor, Guru Bhavan, Gujarat National Law University, Attalika Avenue, Knowledge Corridor, Koba, Gandhinagar - 382007 (Gujarat), INDIA.