The Article Section of IPR Amicus, May, 2015 discusses the initiative of government in promoting the Digital India project and issues like copyright, use of Open Source Software (OSS) and underlines the need for the cohesive policy platform to realize the dream of Digital India.
Ratio Decidendi of this issue covers certain important orders like those on use of registered trademark in part not being an effective defence against claims of infringement and passing off, Delhi High Court decision that writ jurisdiction of different High Court is not invocable when statutory remedy before jurisdictional HC is available and acquiescence estoppel by selective opposition proceedings and abandoning of rights. This issue also provides summary of IPAB decision that filing of applications & registration in certain countries is not sufficient to prove trans-border reputation of trade mark. Canada’s submissions relating to the issue of plain packaging measures introduced by Australia is covered under News Nuggets section of this issue.
May, 2015/Issue-46