This is a rundown of last week's news updates on Antitrust:
Google loses $2.8 billion as antitrust fine to EU Court
The Luxembourg-based EU General Court has dismissed tech giant Google's effort to appeal a $2.8 billion antitrust fine for favouring its own shopping services in search results. The European Commission fined Google in 2017 for breaking competition laws. In addition to the fine, Google was ordered in 2017 to make modifications to the way it presents shopping search results, to allow…
M/S Kamdhenu Limited vs M/S Aashiana Rolling Mills Ltd
In a case involving a registered design pertaining to double rib pattern of steel rods, the Delhi High Court cancelled the registration summarily stating that there is no need for a full trial. The Court came to this conclusion primarily based on the fact that the design that formed part of the registration was published as part of British, ISO and other standards before the filing date of the design application.…
Walmart Apollo Llc vs Aayush Jain & Anr
In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using 'WMart' and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing.
Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided by Delhi…
The High Court of Delhi has issued a public notice on 10th November, 2021, with respect to the intention of the IP Division to fix/revise royalties as mandated under Section 31D of the Copyright Act, 1957.
The notice invites suggestions from interested persons, in writing along with necessary evidence, to be submitted within 30 days (by 10th December, 2021). The suggestions may be e-mailed to ipd-copyright@dhc.nic.in
A copy of the notice is available here: http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_SIGLWQIP4Z3.PDF
The notice reads as follows:
PUBLIC NOTICE
"Reg: C.O.(COMM.IPD-CR)…
This is a rundown of last week’s news updates on Privacy:
Joint Parliamentary Committee on data protection bill to comb through over 100 drafting changes
The Joint Parliamentary Committee tasked with ironing out a number of issues with the personal data protection bill will now look at over a 100 legislative drafting and cosmetic changes to be made to the bill, with one of them being the change of name from the personal data protection bill to the data protection bill.…
This is a rundown of last week’s news updates on Privacy:
Delhi HC: Plea for changing Aadhaar Number opposed by UIDAI
On September 9, 2021, a plea before the Hon’ble Delhi HC for issuance of a new Aadhaar number was opposed by the UIDAI. The petitioner asserted an apprehension of possibility of unlawful activities by way of exploitation of his identity, on account that his Aadhaar number was linked to an overseas entity which was not known to him. The Court…
This is a rundown of last week’s news updates on Privacy and Antitrust:
UK to develop its own privacy rules
Given Britain’s exit from the European Union, the question has now revolved around Britain’s obligations under privacy law, as it would now be considered as a third country under the provisions of the EU General Data Protection Regulation, which encumbers stricter compliance for handling data. As part of its overhaul of its Data Protection Act, Britain intends to do away with…
Cross Fit LLC vs Mr. Renjith Kunnumal & Anr.
The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim…
In this week’s patent news and updates - World IP day 2021, a solemn affair this year; Calls for compulsory license on COVID vaccine grows stronger; Government should not hesitate in invoking compulsory licensing provisions says Delhi High Court; Intel wins patent trial involving VLSI Technology; India - South Africa patent waiver proposal opposed by EU, UK and Switzerland at WTOP TRIPS meet; Lawmakers and nonprofit groups urge Biden administration to back 'moral' patent waiver.
Indian Patent Updates …
The Delhi High Court published the draft of the proposed High Court of Delhi Rules governing Patent Suits, 2020 on 9th of October 2020 and has invited comments regarding the same. The rules are proposed to be issued under Section 158 of the Patents Act. In the context of ambiguities surrounding Patent litigation in India, these rules are a welcome step towards clarity and certainity with respect to the procedure. A copy of the rules may be viewed here
Some comments…