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Cover Story IP Updates: 2023 Draft Ammendments to the GI Rules, 2002 |
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RKD News: Dr Mohan Dewan at the NLUJA, Assam Dewancast Ep. #2 |
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Spotlight Significant Inventions created in the State of Israel |
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Analysis Blockchain & IP |
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Thread Bare Trademarks, Patents & Copyrights |
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India Designs HA “fender” bender case at the Delhi High Court |
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| IP Updates: |
| Recently, the Ministry of Commerce and Industry (MoCI) published 2023 Draft Amendments to the Geographical Indication Rules 2002, in the Gazette of India. The Department for Promotion of Industry and Internal Trade (DPIIT) and the Controller General of Patent, Designs and Trademark (CGPDTM) announced it on their website on October 27, 2023 i.e. after a week of its original publication. |
Following are the major amendments made in respect of fee structure as against the old Rules:
1. On application for the registration of a geographical indication for goods included in one class- Rs. 1000/- (Rs. 5000/- as per old Rules) |
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Snips and Specs
IPR Quiz Hidden Gems of India - Kozhikode |
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RKDecodes
Decoding Delicious Delicacies - Chiwda |
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2. On application for the registration of a geographical indication for goods includedin one class from a convention country- Rs. 1000/- (Rs. 5000/- as per old Rules)- Rs.1000/- (Rs. 5000/- as per old Rules)
3. On a single application for the registration of a geographical indication for goods indifferent classes- Rs. 1000/- for each class (Rs. 5000/- for each class as per old Rules)
4. On a single application for the registration of a geographical indication for goodsin different classes from a convention country- Rs. 1000/- for each class (Rs. 5000/- foreach class as per old Rules)
5. On application for the registration of an authorised user of a registeredgeographical indication - Rs. 10/- (Rs. 500/- as per old Rules)
6. On application to Registrar for additional protection to certain goods- Rs. 12000/-(Rs. 25000/- as per old Rules)
Objections or suggestions from the relevant stakeholders, if any, are to be submittedwithin thirty days of its publication in the Gazette of India, ie by November 19, 2023and may be addressed to the Secretary, Department for Promotion of Industry andInternal Trade, Ministry of Commerce and Industry, Government of India, VanijyaBhawan, New Delhi- 110011 or by e-mail.
GIs are essential for preserving cultural heritage, boosting various sectors of theeconomy, ensuring quality and providing market access for local products.
The current GIs in India are not only contributing to the economic development ofspecific regions in the country but also playing a vital role in enhancing India's imagein the global market. |
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| Dr Mohan Dewan at the National Law University and Judicial Academy, Assam (NLUJA) |
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R K Dewan & Co. is delighted to share that, our principal Dr Mohan Dewan Advocate, Patent & Trademark, Attorney, was invited as a distinguished speaker by the prestigious National Law University and Judicial Academy, Assam (NLUJA), at “Unlocking Innovation: IPR Insights for MSMEs & Start-ups”, a knowledge series by DPIIT IPR department of the NLUJA on October 30th, 2023.
In an online session Dewan shared his valuable perspective on “IP Renforcement mechanisms and alternative dispute resolution methods”. RK Dewan & Co. looks forward to collaborating for many more such events in the future for a better IPR & ADR Aware society. |
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On episode 2 of Dewancast, we’re diving deep into a subject that sits at theintersection of technology and the law – the enigmatic world of Graphical UserInterfaces, or GUIs, and their eligibility for registration under Indian design laws. It isthe visual language that makes our interactions with electronic devices intuitive andfun, and in this episode, we’ll explore its standing in different parts of the world.
Ep. 2 Streaming on Spotify. Listen now: https://lnkd.in/dgRJq_AT |
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| Significant Inventions createdin the State of Israel |
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| The State of Israel has made significant contributions to the worldthrough a remarkable array of inventions and discoveries. Despite itsrelatively young age, Israel has proven to be a cradle of innovation and ahub for scientific research and technological development. As per a surveyconducted in 2019, there were over 6,000 start-ups in Israel and thereafterin 2021; more than 30 technology companies valued at over US $1 billion(unicorn start-ups) were reported to be operating. This article will delveinto some notable inventions and discoveries created in the State of Israel,spanning various fields from medicine to technology and agriculture. |
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DRIP IRRIGATION SYSTEM
Israel's arid climate and limited water resources led to the development of the revolutionary drip irrigation system. In the 1960s, Simcha Blass, an Israeli engineer, pioneered this technology, which allows water to be precisely delivered to the roots of plants, reducing wastage and increasing crop yields. Drip irrigation has become a global standard for efficient and sustainable agriculture, significantly impacting food production worldwide.
MOBILEYE: ADVANCED DRIVER
ASSISTANCE SYSTEMS
Mobileye, a company co-founded by Amnon Shashua, is a leader in the development of Advanced Driver Assistance Systems (ADAS) and autonomous vehicle technology. The company's innovative vision-based technology has been instrumental in |
enhancing road safety, reducing accidents, and facilitating the evolution of autonomous vehicles. Mobileye's technology has been adopted by many automobile manufacturers, showcasing Israel's prowess in the field of automotive technology.
IRON DOME MISSILE DEFENSE SYSTEM
Developed by Rafael Advanced Defense Systems and Israel Aerospace Industries, the Iron Dome is a state-of-the-art missile defense system designed to intercept and neutralize short-rangerockets and mortar shells.
COPAXONE
Copaxone, a breakthrough medication for multiple sclerosis (MS), was developed by a team of Israeli scientists at the Weizmann Institute of Science and Teva Pharmaceuticals. Copaxone, also known as ‘Glatiramer Acetate’, has |
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provided relief to thousands of MS patients world wide by reducing the frequency and severity of relapses. It has become a widely prescribed MS medication globally, emphasizing Israel's excellence in biopharmaceutical research.
USB FLASH DRIVE (DRIVEONKEY)
In 1999, Dov Moran, an Israeli entrepreneur, introduced the world to the USB flash drive, known locally as DiskOnKey. This portable storage device revolutionized the way people store and transport data. It quickly replaced floppy disks and CDs as the preferred method for transferring and safeguarding digital information. The USB flash drive's compact size, durability, and convenience has made it an essential tool in today's digital age.
WAZE: CROWDSOURCED NAVIGATION
Waze, a navigation app developed by Israeli start up Waze Mobile, has transformed the way people navigate roads. This app incorporates real-time traffic data, road closure information, and user-generated reports to provide optimal routes for drivers. In 2013, Google acquired Waze for over $1 billion, recognizing its significance in the navigation industry and the power of crowd sourced data.
REWALK: EXOSKELETON FOR
PARAPLEGICS
Developed by Dr. Amit Goffer, ReWalk is arevolutionary exoskeleton that allowsparaplegics to stand, walk, and evenclimb stairs. This life-changingtechnology has provided newfound |
mobility and independence for individuals with spinal cord injuries and demonstrates Israel's dedication to improving the lives of those with physical disabilities.
SNIFFPHONE
The SniffPhone is a diagnostic tool that can sniff out and diagnose diseases. Awarded the 2018 Innovation Award by the European Commission for Most Innovative Project, the SniffPhone is an evolution of the ‘NaNose’ technology developed by Professor Hossam Haick of the Technion-Israel Institute of Technology. (NaNose is a breathalyser that can detect the symptomatic odour caused by some cancerous tumours, Parkinson’s dementia, multiple sclerosis and many more diseases).
PILLCAM – SWALLOWABLE
MEDICAL CAMERA
Inspired by a personal experience with chronic stomach pain, scientist Gavriel Iddan of Given Imaging (now Medtronic) came up with the idea of creating a digestible, disposable camera that transmits data to a receiver outside the body. PillCam is now used all over the world to diagnose infections, intestinal disorders and cancers in the digestive system. It is also able to access areas ofthe digestive system that are typically out of range during a conventional procedure.
WATERGEN
Headquartered in Petah Tikva, Watergen is producing clean drinking water out of thin air using nothing more than a portable generator. Founded in 2010 by Arye Kohavi, Watergen’s devices use the |
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patented GENius technology to extract humidity from the air - i.e. vaporized water that is present in the atmosphere every where from rainforests to desert climates like Israel’s. Watergen’s generators cool and liquidise the air vapour, producing up to four litres of water for every kilowatt-hour of electricity. The life-saving device was used during the Hurricane Maria in Puerto Rico in 2017.
Besides the above mentioned list of inventions, here are few more significant inventions that have been announced. (Information provided by my friend, PhilipFurgang) |
- Tel Aviv University is developing a nasal vaccine that will protect people from Alzheimer's and heart stroke.
- The Technion, Institute of Technology (Haifa), has developed a simple blood test capable of detecting different types of cancer.
- The Ichlov Center (Tel Aviv) isolated a protein that makes colonos copy unnecessary to detect colon cancer, with a simple blood test. Colon cancer kills about 500,000 people annually.
- Acne does cause anxiety in teens. The Curlight Laboratory has created a cure by utilizing Emitting UV rays at high intensity, which kills the bacteria that causes acne.
- The Hebrew University (Jerusalem) has developed an electrical neurostimulator (batteries) that is implanted in the chest of Parkinson's patients, similar to the pacemaker. The emissions from this device block the nerve signals that causetremors.
- The simple smell of a patient's breath can detect if a patient has lung cancer. The Russell Berrie Institute for Nanotechnology has created sensors capable of sensing and registering 42 biological markers that indicate the presence of lung cancer without the need for a biopsy.
- Endopat is a device placed between the indicator fingers, which can measure the state of the arteries and predict the possibility of a heart attack in the next 7 years dispensing the need for catheterization.
- The University of Bar Ilan is researching on a new drug that fights viruses through the blood stream. It is called Vecoy Trap, as it tricks a virus into self-destruction and is extremely useful to combat hepatitis, and in the future Aids and Ebola.
- Israeli scientists at Hadassah Medical Center (Jerusalem) may have discovered the first cure for amyotrophic lateral sclerosis, known as Lou Gehring's disease. Stephen Hawking suffered from this disease and used methods invented by Israeli scientists to communicate.
Israel's reputation as a leader in innovation and technology is well-deserved, thanks to the numerous inventions and discoveries that have emanated from this nation. |
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Blockchain & IP
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At the outset, the terms “Blockchain” and “Intellectual Property (IP)” don’t seem to overlap as the former is a part of relatively new technology, whereas the latter is a set of systems to legally protect such new technologies. However, an in-depth understanding reveals certain striking similarities between the two (2), especially regarding the feature of “intangibility”.
Blockchain was invented in the early 90s, principally for saving contents that could not be changed over time, and cryptographically storing digital documents with time stamps to prevent tampering in a decentralized way. Like artificial intelligence (AI), another ground breaking invention that was to follow, it was in hibernation for almost 2-decades. In 2004, for the first time, cryptographic tokenization was achieved with“proof of work”, i.e., using energy-intensive computation.
Then came the 2008 mortgage crisis in the USA accompanied by economic recession that made an anonymous individual going by the name Satoshi Nakamoto (unidentified till to date), employ blockchain along with its cryptographic tokenization to create Bitcoin blockchain and its in-house token BTC. Initially, very few people understood its potential, and like all new technologies, Bitcoin was used for several illegal activities including money laundering, black market, etc. However, as the technology matured, in 2014 with the advent of Bitcoin 2.0, Bitcoin blockchain technology and the currency were separated.
Further in 2015, with Ethereum, created by the then Bitcoin enthusiast Vitalik Buterin, for the first time, the concept of Smart Contract came into existence, where in the contract with all its terms and conditions are written in codes in computer languages including Solidity, Rust, and the likes, that are mostly derivatives of JAVA and the execution is through cryptographic signatures. |
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Therefore, the use of blockchain with a universal principle even in the IP domain seems very much achievable through assigning validator status to the stakeholder countries, owing a certain number of nodes in a blockchain. This would surely substantially decentralize the operations, however, as the control of such nodes would be decided in a smaller and empowered group, the centralization would actually be at the foundation, i.e., while deciding respective stakeholding in a blockchain. Given the understanding that in such acase, the stakeholders would be governments of participant nations, said governments would be carrying socio-political agend as in a scenario wherein the selection of a government is not homogenous, a lot of challenges must be addressed through the upgradation of technologies. Without prejudice, below are some areas where there may be a happy marriage between blockchain and IP.
AUTHENTICITY:
Therefore, at the very best, as of now, the system for running the IP infrastructure may be improvised using blockchain technologies. However, with the development in the last 3 decades, several Universal mechanisms have been adopted in different domains of IP. |
OWNERSHIP/ TRUST:
The most trusted way of determining ownership or even authenticity isperhaps, a trustless way, wherein there is NO NEED to trust any third party when it comes to determination of ownership or transfer of ownership.
A TRUSTLESS transaction is done using the principles of Probability. Thus, the elimination of third parties in a trustless mechanism easily gives information of ownership.
This is best exemplified in the case of anNFT (Non-Fungible Token) marketspace, wherein assets like representation of a valuable paper painting or digital painting or any physical assets may be put on a blockchain as a token, which is not fungible, i.e., not replaceable by another identical item.
COUNTERFEITING:
Normally, Blockchain is an open ledger. Except in the case of a PRIVATE Blockchain where the identities of the participants are cryptographically locked, generally, blockchains reveal all the information of something on the chain including the entire transaction history.
As counterfeiting is one of the bigger challenges faced by IP practitioners, this would help track such offenses in one go. |
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TRANSACTION:
Like crypto currency coins, any asset may be tokenized, at least the oretically. Once tokenized, a free transaction in the blockchain using its consensus mechanism becomes easier as well as safer. Thus, IP-related assets may be put into transactions.
The efficiency of such transactions has largely been enhanced by the use of Smart Contracts, wherein the contractwith all its terms and conditions are written in codes in computer languages.
IP MANAGEMENT:
As earlier mentioned, at present, an IP-management entirely governed by blockchain is not possible as it is the Government of respective countries that award the IPs. However, in the case of managing IPs, for example, the entire storage function including the docketing of IP assets may be done using Blockchain technology.
As earlier mentioned, blockchain maydetermine the IP- rights of an assetundoubtedly; said asset may be saved ona blockchain instead of any centralizedstorage. In this case, it seems that the useof AI in this might be a game changer. |
In the future, a country’s government may own a blockchain, and irrespective of the centralized ownership, the rest of the functions may be made entirely decentralized. For example, filing of applications, initial review of filing, examination of the application, issuing of office action, and the like, may easily be executed with smart contacts in a blockchain with a consensus mechanism.
LICENSING:
This is where the blockchain may be used most efficiently. Licensing of any assets may be done through this mechanism, including the representative digital assets, with no the oretical risk of counterfeiting.
FINANCIAL REWARDS:
Blockchain-mediated transactions can’t be altered, manipulated or copied, therefore, it presents a very efficient mechanism of financial reward for the creator of an art or the inventor of a technology. In addition, as the entire activities are on chain, and there by open to everyone, it is not possible to escape without paying a prescribed fee. |
On the flip side, blockchain-driven mechanisms generally would ask for payment for even let’s say browsing or searching, said mechanism may not seem fit for IPs wherein all the information is placed before the public. Time will tell whether the blockchain system is mature enough to adopt such a mechanism, however, thismay be improved with continuous development.
Therefore, Blockchain may work with country-specific restrictions imposed. Atleast, blockchain technologies may be used to streamline the procedures in the IP office as well as future IP- transactions. |
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Trademarks
In Tata Sons Private Limited & Anr V. Puro Wellness Private Limited & Anr, the Hon’ble Delhi High Court refused to injunct circulation of a TV commercial aired by Puro about its pink color rock salt in a suit filed by Tata alleging commercial disparagement of its white salt. While dismissing Tata’s interim application inthe suit, the Court said that “Tata also stands disentitled to any injunctive interlocutory relief as, on merits, the case is squarely covered against Tata by the judgment of the Division Bench in Puro-I, as also because the plaint completely suppressed the fact that the very assertions, in the impugned Puro commercial, which Tata found disparaging of white salt, had been used by Tata itself inselling its Himalayan Pink Salt, to tout it as a “healthy alternative” to white salt, ”the Court said. The Court ruled that the commercial is well within the boundaries of what is permissible in comparative advertising.
Patents
In a recent decision by the Hon'ble Madras High Court in Novozymes V. The Assistant Controller of Patents & Designs, the scope of Sections 3(d) and 3(e) of the Indian Patents Act has been elucidated, especially in the context of biochemical inventions. |
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Section-3(d): Mere discovery of a newform of a known substance:
1) Contrary to a common belief that "known substance" in this section is confined to pharmaceutical and agro-chemical substances, the court clarified that it also encompasses biochemical substances.
2) The court emphasized that the explanation to this section does not apply to the claimed invention. It underscored the need for a reasonable enhancement of efficacy, without defining a specific margin, making it asubjective evaluation to satisfy the Controller.
Section-3(e): Mere admixture of substances:
1) The court noticed that the adjective "known" is used as a qualifier in sections3(d), 3(f) and 3(p); however, the same is absent in section 3(e). Therefore, the court clarified that this provision isn't limited to "known" ingredients. Any composition claim, even with a new ingredient, should justify being more than the sum of its parts.
2) The court emphasized that incomposition claims, the applicant has to justify that the composition is more than the sum of its ingredients to over come the hurdle of section 3(e), i.e. shows synergism. |
TAKE AWAY:
1) This verdict expands the understanding of Section 3(d) for biochemical inventions, emphasizing a holistic assessment of efficacy enhancement.
2) Moreover, it sets a higher standard for Section 3(e), indicating that the provision applies broadly to all compositions, even those with new elements.
3) This necessitates a reevaluation of the previous approach when claiming a composition involving a novel substance.
Copyrights
The Delhi High Court in Humans of Bombay V. People of India granted an interim relief to ‘Humans of Bombay’(HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the stories and thus creating an imitative platform. Though no injunction was granted against the HoB’s application for adinterim relief, the Court observed primafacie identical and similar photographs / images and “substantial imitation” by PoI, of HoB’s content. |
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Administrative
Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) announced that the same had been cancelled due to “some irregularities/ technical glitches.”
The reason for such a move was stated as “to ensure fairness, credibility, and transparency in the recruitment process.” However, the public notice neitherspecified what such irregularities and technical glitches were nor did it bore any signatures of any authorized personnel, unlike the other advertisements and notices on the QCI’s website which have signatures of at least 1 officer.
Furthermore, the public notice stated that the decision to cancel the exam was taken by a “Competent Authority” however this Competent Authority has been defined neither in the public notice nor in the Notification for recruitment. However, the notification did clarify that all the decisions related to this recruitment were to be made and enforced by the QCI. |
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| A “FENDER” BENDER CASE AT THE DELHIHIGH COURT |
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| Recently, the Hon’ble Delhi High Court delivered a judgment which may have significant ramifications with respect to the registration of designs in India. In HERO MOTOCORP LIMITED v. SHREE AMBA INDUSTRIES (CS (COMM) 1078/2018 & I.A. 11007/2018), the Court dismissed an application for the grant of interim relief which was filed by Hero Motocorp Limited (Plaintiff) seeking to |
restrain Shree Amba Industries (Defendant) for infringing their registered design, stating that the an article should have an independent life as an article of commerce and not bemerely an adjunct of a larger article. |
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The Plaintiff, is a two-wheeler automotive company in India, and is involved in the business of manufacturing and selling of two-wheelers, spare parts, fittings and accessories thereof. The Defendant is engaged in manufacturing and selling spare parts for motorcycles.
In 2015, the Plaintiff had registered a design (Registration No. 271199) in respect of front fenders, which had a distinctive "V”, shape and elevated surface on the front for their “HERO HF DELUXE” motorcycle. There after it was discovered by the Plaintiff that the Defendant was selling identical products marketed as "HF DLX TYPE”. Hence, the Plaintiff filed a suit seeking permanent injunction against the Defendant for infringing its registered design. The glaring infringing activity ofthe Defendant was accentuated by the fact that it was marketing its products under the brand name “HF DLX TYPE”.
It was contended by the Plaintiff, that the Defendant's replication of their design constituted an act of piracy and dishonest infringement, leading to damage to their goodwill, reputation,and business.
In response, the Defendant asserted that the Plaintiff's registered design lacked novelty and originality, hence, was not registerable under The Designs Act, 2000 (the Act). It was averred that the fender was not an ‘article’ within the meaning of Section 2(a) of the Act as these fenders were replacement parts and not independent articles. |
The Defendant also contended that the Plaintiff had advertised the vehicles with these fenders prior to filing the application for the registration of the design. Hence, destroying its novelty. On the other hand, the Plaintiff countered by asserted that registration of the design of the fenders was itself prima facie evidence of its validity.
Elucidating that the purpose of enacting the Act was to protect new and original designs by giving exclusive rights over such designs to their inventors, the primary issue before the Court was to not only examine the validity of the registered fenders under the provisions of the Act, but also to analyse the scope of the term “article”under Section 2(a) of the Act in consideration of several judgements and legal principles.
Primarily, the Court made a comparison between the Defendant's prior art and the designs of front fenders from various brands already available in the market with the Plaintiff's registered design.
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The Court concluded that the Defendant had made out a case against the validity of the Plaintiff's design registration by presenting evidence of prior publications. Consequently, the Plaintiff had failed to establish a stronginitial case for a grant of an interiminjunction.
Furthermore, the Court examined various precedents and legal principles to interpret the term "article" in the context of design infringement and referred to the test of independent existence (as laid down by the House of Lords in Ford Motor Co. Ltd.’s Design Applications) for qualifying as an ‘article’ under the Act, and emphasized that the expression “made and sold separately” implies that an article has to have an independent life as an article of commerce and not merely as substitutes/accessories.
The judgement is fundamentally flawed; since the Ld. Judge has failed to underst and market reality. Section 2(a)of the Act also includes parts of articles that can be sold as articles that have an independent life as articles of commerce. Components of vehicles are manufactured by different entities which include Original equipment manufacturers (OEMs) and are sold separately as well in the secondary market. If an article is manufactured industrially and sold in commerce as anarticle per se; although it may be anarticle which is fitted onto a biggerarticle that is a vehicle, it would qualify as an industrial design anywhere inthe world. |
Section 2(a) of the Act, defines article as follows:
“article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;
Section 2(a) of the Act, defines article as follows:
“article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;
Hence, it is abundantly clear that the definition of the article includes not only an article by itself but also any part there of which is capable of being manufactured and sold separately within its ambit.
In the instant case the fender which is an aesthetically pleasing article has an independent life as an article of commerce and is manufactured ands old separately. The fact that it could be subsequently made a part of vehicle does not disqualify it from it being an article sold in commerce under Section 2(a) of the Act.
Additionally, it would also not be out of place to state that under the provisions of the Designs Act, 2000there is no stage for a third-party opposition. |
Under the trade marks law, in a third party opposition the status quo of a trademark application is maintained for a period of 4 months after publication in the Official Gazette. This 4 months period in the case of trade marks, enables anythird party to oppose the registration of a published mark. This stage is wholly absent in the process of design registration and hence the Ld. Controller does nothave any opportunity to know if a design similar to the design which is sought to be registered, was already published before application which could in turn form aground for refusal of registration. |
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A. What is the purpose of industrial
design?
- To protect inventions and innovations
- To enhance the aesthetic and functional aspects of products
- To secure Patents for manufacturing processes
- To regulate factory operations and safety standards
B. The term "sugar-free" is a ___ word according to findings in the M/s Cadila Healthcare case:
- Suggestive
- Arbitrary
- Generic
- Fanciful
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C. Which of the following are requisitesfor getting design protection?
- Novelty and individual character
- Technical complexity and innovation
- Market demand and consumer popularity
- Length of time a design has been inuse
D. Who can file a design application
- One who discloses or publishes thedesign for the first time in India
- One who makes the first copy of thedesign in India
- Individual designers
- One who is the first importer in India
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(Answers at the end of theNewsletter) |
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| Hidden Gems of India: Kozhikode - Gateway to the Malabar Coast |
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Welcome to a journey of discovery and wonder as we embark on a series of blogs that unveil the enigmatic and uncharted realms of India. In a country as vast and diverseas India, the troves of hidden gems and lesser-known marvels remain scattered like secrets waiting to be unravelled. Beyond the renowned landmarks and bustling metropolises, lie the hidden places that encapsulate India's rich tapestry of culture, history, and natural beauty. Our series of blogs is your passport to a world where ancient temples, forgotten caves, serene lakes, and mystical forests come to life. Joinus as we delve deep into the heart of this incredible nation, shedding light on the obscure, the mystical, and the rarely explored corners of India.
Each blog will be a portal to these hidden treasures, offering insights, anecdotes, and practical tips for those intrepid travellers and culture enthusiasts who seek the extraordinary and the untraded paths that India has to offer. Prepare to be captivated, inspired, and enthralled as we unveil India's hidden wonders, one blog at a time.
Kozhikode (pronounced as Ko-yee-code) also known as Calicut, is a city in the state of Kerala in southern India on the Malabar Coast. |
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| Kozhikode is the largest urban area in the state. During classical antiquity and the middle ages, Kozhikode was dubbed as the “City of Spices” for its role as the major trading point of Eastern spices. It was the capital of an independent kingdom ruled by the Samoothiris (Zamorins) in the middle ages and later the capital of the erstwhile Malabar district under British rule. Arab merchants traded with the region as early as 7th century, and Portuguese |
explorer Vasco da Gama dropped anchor at Kozhikode on 20 May 1498, thus opening atrade route between Europe and Malabar. |
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ETYMOLOGY
While the city has been known in history under different names, the exact origin of the name “Kozhikode” is uncertain. According to many sources, the name Kozhikode is derived from Koyil-kota(fort), meaning fortified palace. Koil or Kōyil or Kōvil is the Malayalam/Tamil term for a Hindu temple, referring to the Tali Shiva Temple. The name also got altered into Kolikod, or its Arab version Qāliqūṭ and later its anglicized version Calicut. The Arab merchants called it Qāliqūṭ and the Chinese merchants called it Kūlifo. Tamils called it as Kallikottai.
The city is officially named Kozhikode in Malayalam, and in English, it is known by its anglicised version, Calicut. The word calico, which is a fine variety of hand-woven cotton cloth that was exported from the port of Kozhikode, is thought to have been derived from Calicut.
In 1948, both the State Government and the Central Government published a notification declaring their intention to alter the name of the Municipality of Calicut to ‘Kozhikode’ and invited objections to the proposal. Apart from alone petition, there were no other objections. Hence, the city of Calicut was reborn as ‘Kozhikode’. |
Kozhikode is a town with a long recorded history. It was the capital of Malabar during the time of Sri Samoothiri Maharajas, who ruled the region before the British took over. Accounts of the city and the conditions prevailing then can be gleaned from the chronicles of travellers who visited the port city:
- Vasco Da Gama: Vasco Da Gama, landed at Kozhikode and docked at Kappad (18 km north) in May 1498, among the leaders of a trade mission from Portugal. He was received by Sri Samoothiri Maharaja himself. This opened the trade between the European countries and especially Portugal.
- Ibn Battuta: He visited Kozhikode six times in five years (1342-1347) and gave a glimpse of how life was in Kozhikode during that time. In brief, he described Kozhikode as “the greatest port in the Malabar District; and that, merchants from all over the world were found there.”
- Ma Huan: He was a Chinese voyager during the 1400s AD who said that the city of Kozhikode is a ‘great emporium’ of trade.
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- Abdur Razzak: He was the ambassador of the Emperor of Persia who said that he found the harbour of Kozhikode to be a very secure place.
- Niccolo de’ Conti: An Italian voyager who described the city as abundant in pepper, ginger, cinnamon, lac, zedoary etc. He called Kozhikode a noble emporium with just an eight mile circumference.
The Kozhikode Municipality was formed in November 1866 according to the Madras Act 10 of 1865 (Amendment of the Improvements in Towns act 1850), making it the first modern municipality in the state. Thereafter in 1962, the Kozhikode Municipality was upgraded into Kozhikode Municipal Corporation, making it the second-oldest Municipal Corporation in the state. According to a data compiled by an economics research firm in 2009 on residences, earnings and investments, Kozhikode was ranked as the second-best city in India to live in.
The city also witnessed several movements as part of the struggle for Indian independence. A branch of the All India Home Rule League founded by Ms. Annie Besant started functioning from Kozhikode.
On 7 June 2012, Kozhikode was given the tag of “City of Sculptures” (Shilpa Nagaram) because of the various architectural sculptures located invarious parts of the city. |
Recently, on November 1st, 2023, Kozhikode was added in UNESCO’s Creative Cities Network (UCCN) which was created in 2004 to promote cooperation among cities that have identified creativity as a strategic factor for sustainable urban development and includes 350 cities. These cities have been hand picked to represent seven creative fields - crafts and folk arts, design, film, gastronomy, literature, media arts, and music. Kozhikode was included in the category of literature being a home to several prominent personalities of the state’s literary and cultural world. The first Malayalam novel Kundalatha was born in Kozhikode in1887.
Furthermore, India's legendary athlete PT Usha was also born in the Koothali village in Kozhikode.
Kozhikode cuisine also offers fare forevery palate. Vegetarian fare includes the sadya (the full-fledged feast with rice, sambhar, pappadum, pickles and seven different side dishes.) However, the non-vegetarian food offered in the city is a unique mix of Muslim and Christian preparations. Some popular dishes include the Kozhikode Biryani or the Malabar Biryani which is usually served with a sweet and spicy datepickle, Ghee Rice with meat curry, awhole host of sea-food preparations (prawns, mussels, mackerel, and sea-fish) and paper thin Pathiris to provide accompaniment to spicy gravy. |
Other well-known Kozhikode specialities are crisp and wafer-thin Banana Chips friedin freshly cold pressed coconut oil, and the ubiquitous Kozhikode Halwa which is an integral part of Kerala cuisine made out of wheat flour and palm jaggery, and cooked in coconut oil.
PLACES TO VISIT IN KOZHIKODE
Kozhikode is home to a number of historical and cultural attractions, including:
- Kappad Beach: This is the historic beach where Vasco da Gama landed in 1498. The beach is also known for its beautiful sunsets and is a popular tourists spot.
- Mananchira Square: This is a popular public square in Kozhikode, known for its beautiful gardens, musical fountain, and shopping malls.
- Tali Shiva Temple or Tali Mahakshetram: This ancient Hindu temple is one of the oldest temples in Kozhikode dedicated to Lord Shiva. The temple was built by Swamy Thirumulapad. It is a treasure house with numerous deities and beautiful architecture. This is a two storied sanctum which is in the form of a chariot and is decorated with mural paintings which attracts thousands of devotees from allover India.
- Beypore Beach: This beach is known for its beautiful sunsets and its traditional boat-building industry.
- Sargaalaya: This is a museum dedicated to the history and culture of Kerala. The museum has a collection of artefacts, paintings, and sculptures that depict the rich heritage of the state.
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| Decoding Delicious Delicacies: CHIWDA |
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Indian cuisine's tapestry is woven not just with flavours, but also with tales of culinary ingenuity. Chiwda, one of the oldest and cherished snacks in India, traces its origins back to ancient times. In an era where households sought resourceful ways to preserve excess rice and grains, the practice of converting them into snacks by frying and adding spices to help preserve the same emerged.
The fabric of Indian cuisine is not only enriched with a myriad of flavours but also woven with stories of culinary innovation. Originally conceived as amethod to utilize surplus grains, Chiwdahas transformed into a delectable and easily transportable snack, which can been joyed over an extended period. Yet, this snack goes beyond culinary creation; it embodies a profound significance. It stands as a symbol of resourcefulness, turning surplus grains into a delightful treat, showcasing the inventiveness of Indian households. Chiwda has also become interwoven with cultural and religious practices. Festive occasions and celebrations, witness households coming together to prepare Chiwda. Chiwda embodies the essence of togetherness and the joy of sharing.
When it comes to food, the name of adish holds meaning beyond just identification. The name of a dish can give insight into the history behind it, the ingredients used, or even the cultural significance it holds. In this series of blogs, we will explore the history behind famous Indian dishes.
When it comes to food, the name of a dish holds meaning beyond just identification. The name of a dish can give insight into the history behind it, the ingredients used, or even the cultural significance it holds. In this series of blogs, we will explore the history behind famous Indian dishes.
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Its preparation involves deep-frying ricepoha until crisp in hot oil. Following this, curry leaves, cashews, and raisinsare meticulously rinsed and set aside. Chana dal is then fried until it achievesa golden hue. Subsequently, mustardseeds, cumin, and sesame seeds aretempered in hot oil. The mixture is enhanced with the addition of red chili, turmeric powder, asafoetida, sugar, and salt, creating a harmonious blend offlavours.
Chiwda is also a healthy snack alternative, as it contains fiber, healthy fats and protein. The addition of chilies and coriander provides the necessary vitamins and minerals to the mix.
In addition to this traditional recipe, the diverse Chiwda variations offer a range of flavours and textures. For instance, Nashik Chiwda, originating from Maharashtra, combines poha, peanuts, roasted gram dal, curry leaves, and spices, and is often enhanced withdried coconut slices, cashews, and raisins. The Gujarati Chevdo, a light and crispy mix, includes poha, peanuts, cornflakes, chana dal, and a blend of spices seasoned with tangy amchur, black salt, chili powder, and salt, is adetour from the same. The South Indian Atukula Mixture, also known asmadras mixture, boasts a spicy combination of fried poha, roasted peanuts, fried dal, garlic, curry leaves, and various spices. Rajasthan Contribution is the Rajasthani Chiwda, a poha-based snack featuring roasted |
peanuts, cashews, raisins, and spices like turmeric, red chili powder, and garam masala, occasionally incorporating fried lentils and dried coconut slices. Lastly, Nylon Chiwda stands out with its extremely thin sev, providing a lighter texture with thin poha, roasted peanuts, delicate nylon sev, and a seasoning of red chili powder, turmeric, and a hint of hing for added flavour.
With time, Chiwda has managed to retain its essence but also adapted to the changing landscape. Packaged versions of Chiwda are also sold by companies such as Laxminarayan and Haldirams. The evolution of Chiwda mirrors the creativity of Indian cuisine. Today, as the demand for Indian snacks continues to grow globally, Chiwda stands as a testament to the rich history and cultural significance of Indian food. It's notmerely a snack; it is a connection to the past, a celebration of resourcefulness, and a flavour-packed journey through time. |
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| We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only |
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JULY 2023 |
| NewsNet is a monthly compilation of articles and updates by R K Dewan & Co. This publication is intended to be circulated for informational purposes only. The publication in no way constitutes legal advice/opinion being provided by R K Dewan & Co. to its readers or the public at large. R K Dewan & Co. encourages readers to seek professional legal advice before acting upon the contents provided herein. The firm shall not be responsible for any liability or loss that may be attributed to the contents of this publication. This publication is the property of R K Dewan & Co., and the same may not be circulated, distributed, reproduced, or otherwise used by anyone without the prior express permission of its creators. |
| Quiz Answers: A-2; B-3; C-1; D-3 |
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