Trademark

Mountain Dew Trademark Battle: David v. Goliath or Misapplication of Prior User Rights?

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PepsiCo has suffered a blow in its 16 year long legal battle to secure trademark rights for its famous soda, ‘MOUNTAIN DEW’. The Additional Chief Judge of the City Civil Court of Hyderabad has recently ruled that the Hyderabad-based Magfast Beverages enjoys prior user rights over an identical trademark for their packaged drinking water (‘PDW’) business. In this post, I discuss this order and certain other issues in the dispute that may require more attention. Facts The plaintiff Syed Ghaziuddin…


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Innovation Patent

Critiquing Prizes as an Alternative Mechanism for Promoting Innovation

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We’re pleased to bring to you a guest post by Avani Bagaria, analysing the benefits and pitfalls of using prizes as an alternative to patents for incentivsing innovation. Avani is a 5th year student at Jindal Global Law School, Sonipat. Critiquing Prizes as an Alternative Mechanism for Promoting Innovation  Avani Bagaria Introduction Under the prize mechanism for encouraging innovation, the inventors are awarded through the means of cash prizes rather than granting a monopoly over the usage of their invention…


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Others

SpicyIP Weekly Review (October 19- 25)

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Topical Highlight Delhi HC Delivers a Blow to “Delhivery”: Rules the Mark to be Phonetically Generic; Ineligible for Statutory Benefits In this post, Praharsh analyses the Delhi High Court order vacating an earlier interim injunction granted in favour of DELHIVERY. He first notes the arguments made by both parties towards distinctiveness of the mark. He highlights the spectrum of distinctiveness approach followed by courts to determine if a mark is registrable and thus assess whether it fall within the following…


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Opportunities Patent

Virtual Workshop for Students on ‘Nuances of Patent Processing’ [October 26-28]

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We’re pleased to inform you that DPIIT IPR Chair at Maharashtra National Law University (MNLU), Nagpur is organising a three day free virtual workshop for students on ‘Nuances of Patent Processing’ from October 26-28, 2020. For further details, please read the announcement below. Three-day Virtual Workshop on ‘Nuances of Patent Processing’ by DPIIT IPR CHAIR at Maharashtra National Law University, Nagpur | October 26-28, 2020 The Chair for Intellectual Property Rights of Maharashtra National Law University, Nagpur proposes three-day virtual…


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Copyright

Is Copyright a Hindrance for Open Access in India?

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On the occasion of International Open Access Week, we’re delighted to bring to our readers an insightful post by Dr. Arul George Scaria, discussing whether the process of relinquishment of rights granted to authors under the Indian copyright law may cause copyright to be a hindrance for open access in India. Dr. Scaria is an Associate Professor of Law and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University, Delhi. He did his doctoral…


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Opportunities Publication

Call for Papers: NUALS’ Book on Sustainability and Intellectual Property Law [Submit by November 15]

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We’re pleased to inform you that the Centre for Intellectual Property Rights at National University of Advanced Legal Studies (NUALS), Kochi is seeking papers for its book on the theme: ‘Innovate for a Green Future: Role of IP Rights in Encouraging Innovation and Creativity’. The last date for the submissions is November 15, 2020. Call for Papers: NUALS’ Book on Sustainability and Intellectual Property Law | Submit by November 15 The Centre for Intellectual Property Rights is one of the…


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Patent

Nivolumab and 5C4 – Big Brother or Twin brothers?

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As there is a lot of text here, please reach out to swaraj@spicyip.com for an accessible copy of the flowchart

We’re pleased to bring our readers an in-depth post looking at the grant of a patent application related to the anti-cancer drug Nivolumab, written by Dr. Venkata Subramanian Raman and Ms Sai Ratna Manjari. Dr. Venkata Subramanian Raman is a registered patent agent and proprietor of Patentszone, and Ms. Sai Ratna Manjari is a registered patent agent providing IPR consulting service and also associated with Patentszone. (Please note that given the nature of examination in the current post, it is…


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Others Trademark

Delhi HC Delivers a Blow to “Delhivery”: Rules the Mark to be Phonetically Generic; Ineligible for Statutory Benefits

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In an interesting turn of events, the Delhi HC on 12th October, 2020, vacated an interim injunction effectively permitting the Respondent (Treasure Vase Ventures Pvt. Ltd.) to use the impugned trademark ‘DELIVER-E’.  In doing so the court held that the Applicant’s (Delhivery Pvt. Ltd.) registered trademark ‘DELHIVERY’ is phonetically similar to the English word ‘delivery’ and is a generic mark, not eligible for benefit of statutory rights. The court reiterated that unless a generic mark has achieved distinctiveness, it cannot…


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Patent

China Enters the Realm of Anti-Suit Injunctions in Standard Essential Patent (SEP) Cases

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We’re pleased to bring to you a guest post by Dr. Enrico Bonadio (City, University of London – Fellow of the Innovators Network Foundation during 2019-2020), Dr. Luke McDonagh (London School of Economics – Fellow of the Innovators Network Foundation during 2019-2020) and Dr. Plamen Dinev (Goldsmiths, University of London), commenting on the recent Chinese decisions granting anti-suit injunctions in two SEP cases, one of which was discussed on the blog earlier this month here. China Enters the Realm of…


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Copyright COVID-19 Others Patent Trade Secret

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II

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In the first part of the post, I assessed the joint statement proposed by South Africa and India for waiver of certain key provisions of TRIPS. Following the joint statement, 379 NGOs and members of civil societies wrote to WTO, in support of the waiver. On the day of the meeting, the proposal attracted the support of a large number of developing countries and LDCs notably Tanzania, Chad, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina, Tunisia,…


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