SpicyIP Tibdit: Delhi High Court directs Oppo to make interim deposit in InterDigital v. Oppo proceedings

/ By / Patent

By judgment dated 21 February 2024, the Delhi High Court ordered Oppo to deposit an undisclosed sum as pro tem deposit (interim deposit) with the Registry . The Court imposed a cost of  INR 5,00, 000 /- upon Oppo for delaying the proceedings. The Court directed that the trial should conclude in 2024 itself. If the trial is not concluded within this time period, Oppo should deposit an additional sum. I shall discuss this judgment in detail in the later […]

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Product-by-Process Claim: DHC to the Rescue

/ By / Innovation, Patent

The Delhi High Court (DHC) judgement in Vifor (International) Ltd. v. MSN Laboratories Pvt. Ltd.,explaining and allowing product-by-process claims as fundamentally concerned with the product in question, is of seminal importance for Indian Patent jurisprudence. In my opinion, the judgement, although verbose, brings much needed clarity on Patent-by-Process in India by locating it within the Act, laying out its scope and applicability and interaction with Process Patent u/s 48(b).  This judgement, decided by a Division Bench (DB) in an appeal against a

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Legislative Oversight? Addressing the High Court Jurisdiction Vacuum Post-IPAB vis-a-vis Cancellation Petitions under the Trademark Act

/ By / Trademark

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. Discussing this controversy along with his thoughts on the probable solution, we are pleased to bring to you this post by SpicyIP intern Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed

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https://www.ey.com/en_in/media-entertainment/the-music-economy-creator-the-rise-of-music-publishing-in-india

SpicyIP Weekly Review (February 12- February 18)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments. Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. Anything we are missing out on? Drop a comment below and let us know. This Weekly Review is authored by SpicyIP intern Kevin Preji. Kevin is a second-year

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‘Non’-Pharmaceutical Substance and Efficacy under Sec 3(d)

/ By / Others

Can Section 3(d) be applied to a non pharmaceutical invention? The MHC in Novozymes v. Asst. Controller of Patents and Designs made some interesting observations on this issue. Discussing the court’s decision and highlighting what can be ‘efficacy’ for such a non-pharmaceutical subject matter, we are pleased to bring to you this guest post by Amit Tailor. Amit is a Postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S. Nagar (Mohali) and LL.B. from Faculty

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SpicyIP Tidbit: CGPDTM Launches Open House Helpdesk Portal

/ By / Others

In a welcome development, the office of Controller General of Patents, Designs and Trade Marks (CGPDTM) launched the Open House Helpdesk Portal on February 14, to “provide swift and effective resolution to the queries and grievances of applicants and stakeholders” on a plethora of issues. Registering oneself with the portal seems pretty straightforward where a person has to put in their name, email id, and mobile phone number. In addition to the above, one would also need to choose a

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https://www.ey.com/en_in/media-entertainment/the-music-economy-creator-the-rise-of-music-publishing-in-india

E&Y Report on The Rise of Music Publishing India: Reflections from an IPR Perspective

/ By / Copyright, COVID-19, Publication

Every year, a diverse community of over 40,000 music creators in India produces a remarkable 20,000 to 25,000 original songs! This sector contributes substantially to India’s revenue, accounting for over INR 12,000 crore, translating to approximately 6% of the entire Media and Entertainment industry. The country’s music publishing industry has grown significantly, reaching INR 845 crore during FY 2022-23. These are some highlights from the recently released report from E&Y titled ‘The Rise of Music Publishing in India’ based on

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SpicyIP Weekly Review (February 05- February 11)

/ By / Copyright, Patent, Trademark

After an eventful week, here is our recap of its top IP developments. Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work. Don’t forget to check them out on the blog too! This Weekly

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Universal Health Network v.  Adiuvo Diagnostics Private Limited: Clarity on Writ Jurisdiction against Orders from the IPO 

/ By / Patent

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. Assessing this decision in light of the Delhi High Court’s judgement in Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents, we are pleased to bring to you this post by Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore and wrote this post while

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https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.linkedin.com%2Fpulse%2Fwho-owns-copyright-ai-generated-content-scott&psig=AOvVaw0Rx3rFyWEipdkCO6l9t7r8&ust=1707668319194000&source=images&cd=vfe&opi=89978449&ved=0CBMQjRxqFwoTCNjpy6-WoYQDFQAAAAAdAAAAABAS

SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

/ By / Copyright

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Som Parkash, the Minister clarified that the existing IPR regime is well-equipped to protect Artificial Intelligence (AI)-generated works, thus indicating no necessity to establish a separate category of rights. The Current Regime is Sufficient to Address AI Innovations The unstarred question in the Rajya Sabha requested clarification on three

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