Image Rights Alright—But Can They Trump Established Rights and Doctrines? Should They?

/ By / Copyright

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. While the development is being extensively discussed in the context of interaction between personality rights and deepfakes (see here, here, here and here), we are pleased to bring to you a guest post by Dr. (Prof.) Sunanda Bharti on the copyright aspect of the personality rights emitting from this order, reserving …

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Applying Section 100A No More?: Delhi High Court Allows Letters Patent Appeal Against Single-Judge Orders Passed Against Trademark Registrar’s Decisions

/ By / Trademark

In another noteworthy order concerning letters patent appeals in trademark disputes, a division bench of the Delhi High Court has clarified that such appeals will be permitted against the Single Judge’s order if the order is passed in an appeal against an order by the Trademark Registrar. Discussing this development further, we are pleased to bring to you a post by SpicyIP intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law …

Applying Section 100A No More?: Delhi High Court Allows Letters Patent Appeal Against Single-Judge Orders Passed Against Trademark Registrar’s Decisions Read More »

Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising

/ By / Trademark

Last month we had a detailed post by Aditya Gupta on the DHC Division Bench order in Google v. DRS, explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Taking the discussion on the order forward, we are pleased to bring to you a guest post by Nivrati Gupta on its probable impact. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute …

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SpicyIP Tidbit: GII 2023 – India retains its 40th rank

/ By / Innovation, Others

The Global Innovation Index (GII) rates 132 economies based on their capacity for innovation using 80 indicators to track global innovation trends. The GII 2023 rankings that were published by WIPO yesterday saw Switzerland topping the list for the 13th time, followed by Sweden and the USA. India, on the other hand, has retained the 40th rank out of 132 economies, making it one of the only five middle-income economies to be ranked amongst the top 40 economies. It has …

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The Conundrum of Naked Licensing

/ By / Trademark

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. The Conundrum of Naked Licensing Naman Keswani The basic function of a trademark is not only to distinguish between the goods or services of one proprietor from those of others but also to ensure …

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Bayh Dole-esque Guidelines Notified by Dept of Biotechnology

/ By / Innovation, Patent

Earlier this month the Dept of Biotechnology notified the “DBT Intellectual Property Guidelines 2023“ (PDF) which they say ‘provide for ownership, transfer/commercializing of IP arising from DBT funded research outcomes”. The notification says that the Guidelines shall be applicable to all DBT funded extra-mural and intra-mural research organisations. (It’s unclear where the mandate is coming from, as guidelines generally do not have the power of law behind them but are merely discretionary / advisory). It also provides 2 links where …

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[Sponsored] PatSeer Connect 2023: AI’s Role in Shaping the Future of Intellectual Property

/ By / Event, Sponsored

We are pleased to inform you that PatSeer is organizing its event “PatSeer Connect 2023” in Mumbai (October 6, 2023, Friday), Delhi (October 12, 2023, Thursday)  and Chandigarh (October 13, 2023, Friday). For further details, please see their announcement below. Note: This is a sponsored post. PatSeer Connect 2023: AI’s Role in Shaping the Future of Intellectual Property PatSeer, a prominent player in the intellectual property (IP) field, is excited to announce PatSeer Connect 2023. This event offers a golden …

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Webinar on “Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India” (September 28)

/ By / Event, Patent

We’re pleased to inform you that Third World Network is organizing a webinar on “ Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India” on 28th September, Thursday at 1 pm GMT (6:30 pm Indian Standard Time). For further details, please see their announcement below: Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India Accessing cancer treatment and medications has emerged as a pressing concern in India. The exorbitant expenses associated with these vital resources often …

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Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement

/ By / Patent

The Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s FCM in the market. However, the court hesitated in passing a final word on whether FCM is a product-by-process patent or not, in light of the ongoing appeal before the Division Bench in Vifor v. MSN (see here). We are pleased to bring to you a post by SpicyIP intern Tejaswini Kaushal on this controversy. Tejaswini is a …

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SpicyIP Weekly Review (September 18- September 24)

/ By / Copyright, Patent, Trademark

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.   Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Read on to see the comments submitted by Swaraj, Praharsh, and Tejaswini with research assistance from Tanya. If …

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