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Microsoft Technology Licensing LLC V. The Assistant Controller of Patents and...
In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer...
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AI and copyright: Prompts and intellectual inputs this time from China
The Beijing Internet Court recently decided an interesting copyright infringement lawsuit concerning AI generated images (GW law translated version here). The court held that the defendant’s use...
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A Look Back at India’s Top IP Developments of 2023
[This post has been co-authored with Jyotpreet Kaur, Tejaswini Kaushal, Praharsh Gour, and Swaraj Barooah]. As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP...
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SpicyIP Weekly Review (December 25- December 31)
[This post has been co-authored with SpicyIP intern Jyotpreet Kaur. Her previous posts can be found here.] Wishing our readers a very happy and healthy new year ahead. As we bid adieu to 2023, let’s...
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A Spotlight on TKDL Once More: Oppose, Only To Abandon?
Recently, Laila Impex’s application pertaining to an herbal composition (IN201641013908) was opposed by CSIR’s TKDL unit. However, in a surprising turn of events, the unit did not attend the hearing,...
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Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law
Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by...
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Copyright Bill, 1955: the Best Copyright Law that India Never Had
Discussing the Mahatma’s take on copyright and the interplay between the 1955 Copyright Bill and the Berne Convention, we are pleased to bring to you this post by Shivam Kaushik. The post is a part of...
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PAEP: Free Course on Patent Agent Exams
The Patent Agent Examinations are due on January 07, 2024. And looking at some of the previous discussions on the blog (indicatively see here, and here), this one surely seems like a tough nut to...
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Comments on Draft IPR Division Rules of High Court at Calcutta, 2023
[This post is co-authored by SpicyIP Intern Pranav Aggarwal, Praharsh and Swaraj. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a...
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The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart
The US National Institute of Standards and Technology (NIST) on December 8 released guidelines inviting comments on the use of March in rights. SpicyIP intern Jyotpreet Kaur writes on these rights,...
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Angering the Gods: A Relook at the VBM Trademark Infringement Case
Invoking the “Holy Trinity of Hindu Gods” The case of VBM Medizintechnik GMBH v. Geetan Luthra raised eyebrows regarding the uncanny defense relied on for justifying the use of the trademark ‘VBM’:...
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SpicyIP Weekly Review (January 1- January 7)
This weekly review is co-authored with SpicyIP intern Vedika Chawla. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here....
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Delhi High Court Checks-in With Clarity in Makemytrip and Booking.com Keyword...
Relying on the decision passed in Google v. DRS Logistics, a Division Bench of the Delhi High Court recently held that use of “MakeMyTrip” as a keyword shall not amount to trademark infringement....
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Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds
Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant...
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The Taste of Triumph: Lays Sweeps Potato Variety IP Dispute
Lays Bags the Win A division bench (DB) consisting of Justice Yashwant Varma and Justice Dharmesh Sharma has nullified on 09 January 2023, the single bench’s (SB) ruling from 05 July, 2023 (discussed...
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SpicyIP Weekly Review (January 8-January 14)
Here is a brief recap of IP developments from last week. Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case....
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Glaring Procedural Questions Arising Out of a Recent Patent Prosecution...
Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in...
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Section 60 of the Copyright Act: Finally, Some Answers(?)
While much of discourse around copyright infringement is around the owner’s rights, very little attention has been paid to the normalization of over-protection of material! Copyright trolls, and...
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IP Scholarship, Citations, and Knowledge Governance: Some Insights from the...
Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,” a question that Prof. Basheer raised in his 2018 post on the Politics of Patent Citation. While the question made sense...
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SpicyIP Weekly Review (January 15- January 21)
Here is a brief recap of IP developments from last week. Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution...
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