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Trademark Registry Files Latest Data on Oppositions Before the Delhi High Court
Data on the pendency and disposal of applications and oppositions are extremely crucial to understand the effectiveness of the Indian Patent Office and the Trademarks Registry. But accessing the...
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Gazing at Substantive vs Procedural Rights in the Light of SAP Se vs Swiss...
Image from here [This post is authored by SpicyIP Intern Varsha Sharma. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.) from Jindal Global Law School, Sonipat.] In this post I will be...
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Timelines under Rule 138 of Patent Rules are to be interpreted strictly and...
In Humanity Life Extension LLC v. Union of India, the Delhi High Court refused to read Rule 49.6 of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a...
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A Division Bench Stays the Directions in the Vifor v. MSN Labs ‘Product by...
Image from here On 24 July, 2023 the Delhi High Court had passed a detailed order in Vifor v. MSN Laboratories, reading Process by Product patent claims within the Indian patent regime. Explaining the...
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SpicyIP Weekly Review (August 7- August 13)
Last week was full of exciting discussions on the blog. Praharsh wrote on the Delhi High Court’s Division Bench order staying the operation of the Single Judge’s direction in Vifor “Product by Process...
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Chip and Del(hi) High Court: Pepsico Loses Appeal on Famous Potato Chip Plant...
FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection...
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SpicyIP Tidbit: Non-Working will not Work: Delhi High Court’s Inquisitorial...
Image from here Those familiar with IP litigation in India would know the significance of obtaining an interim injunction since that “interim” period is often so long that it can end up having...
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SpicyIP Tidbit: No Cure for the Plaintiff’s Heartburns? Delhi High Court...
Image from here On August 16, the Delhi High Court passed an order in Sun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals which is sure to have caught the attention of trademark lawyers. The...
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Jan Vishwas Bill 2023: Small businesses, competition and public health set up...
As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). This bill seeks to promote business by reducing penalties and decriminalising offences across 42...
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Jharkhand High Court Quashes Criminal Proceedings Alleging Copyright...
Image from here A couple of weeks ago, I discussed the case of a law student in Bengaluru who alleged copyright infringement against two assistant professors. Just a couple of weeks later I’ve now...
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Going Back to First Principles – A Nuanced Understanding of Infringement in...
We are pleased to bring to you a guest post by Aditya Gupta on the recent Delhi High Court Division Bench order in Google v. DRS. Aditya is an attorney at Ira Law and represents Google in trademark...
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SpicyIP Weekly Review ( August 14 – August 20)
Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the...
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Toothless National Policy on Rare Diseases – Part I
Image from here [This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University,...
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Toothless National Policy on Rare Diseases- Part II
[This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Surbhi is a...
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SpicyIP Weekly Review (August 21- August 27)
Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news....
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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution...
Image from here On August 23, the Draft Patent (Amendment) Rules, 2023, were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively...
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Smells like Luxury, Does it Cost a Trademark Battle?
Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across...
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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP...
On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the Patents, Designs, Trademarks,...
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SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From...
Image from studio tdes here Right to Information (RTI) Act, 2005 has been in the news for the last few days, especially for its dilution at the hands of the Digital Personal Data Protection Act, 2023...
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Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and...
We are pleased to bring to you a guest post by Akshay Ajayakumar on the Delhi High Court’s order in Microsoft Corporation v. Zoai Founder. Akshay is a graduate of National Law University, Jodhpur, and...
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