Is the Writing on the Wall? Decoding Street Art, Fair Use and Moral Rights

/ By / Copyright

[This post is authored by SpicyIP Fellow Yogesh Byadwal. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here]. In St Art India Foundation v. Acko General Insurance, the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ …

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SpicyIP Weekly Review (November 27- December 03)

/ By / Copyright, Patent, Trademark

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Division Bench of the Delhi High Court’s (Divisive?) Clarification on Divisional Applications Divide and Rule? The DHC DB’s broad interpretation of the requirement to disclose plurality in provisional or complete specifications instead of the claims is music to the ears of patent applicants. But …

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SpicyIP Tidbit: India-Pakistan Basmati Dispute Dismissed by DHC

/ By / Geographical Indication, Trademark

Adding another layer of spice to the Basmati rice IP dispute between India and Pakistan, recently the Delhi High Court dismissed the 15 years old suit (pdf) against the export of Basmati rice by India, for non-prosecution from the plaintiff since 2020. As a quick background, this suit was filed seeking an injunction against the Govt. of India’s notification permitting export of “evolved” Basmati Rice under the mark “Super Basmati”. The suit was filed by Trading Corporation of Pakistan Pvt. …

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SpicyIP Tidbit: DHC Observes That Evidence for Enhanced Efficacy Should Be Filed Before the Final Hearing

/ By / Patent

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. One issue that regularly pops up is the clash between filing timelines, and clinical trial data necessary to prove ‘enhanced efficacy’, as required to get by the Section 3(d) barrier. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.  Adding to judicial thought on this point, in a …

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Division Bench of the Delhi High Court’s (Divisive?) Clarification on Divisional Applications

/ By / Patent

[This post has been co-authored with SpicyIP intern Sidhi Pramodh Rayudu with research assistance from Aadvika Anandal. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. Aadvika is a second year student B.A. LL.B (Hons) at NALSAR University of Law, Hyderabad.] Is “plurality of an invention” indispensable for maintaining a Divisional Application? If so, where should this invention be disclosed? After the divergent understanding of the two Single Benches of the Delhi High Court, …

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SpicyIP Weekly Review (November 20- November 26)

/ By / Copyright, Patent, Trademark

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Highlights of the Week  Checking the Constitutionality of the Notification Regarding the Appointment of Nodal Officers to Combat Film Piracy Assessing the constitutionality of the government’s move to appoint nodal officers to curb film piracy, Yogesh argues that the move violates the Right to freedom of …

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SpicyIP Tidbit: Advocate Faces Music for Concocting a Fake IPAB Order!

/ By / Overlaps in IP

In December, 2022 Gaurangi wrote about a rather interesting case (Ab Mauri India Private Limited vs Vicky Aggarwal & Ors.) wherein the Delhi High Court had initiated a criminal contempt proceeding against the defendants for producing a fake IPAB order and placed the matter before the Chief Justice for reference to the appropriate division bench. Bringing the matter to a seeming end, a division bench comprising of Justice Suresh Kumar Kait and Justice Shalinder Kaur has now directed the Bar …

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Webinar on “How Patent Monopolies on Biologics and Vaccines Work” [November 22]

/ By / Event

We’re pleased to inform you that Third World Network (TWN) is organizing a one-hour discussion (with Q&A) on “How Patent Monopolies on Biologics and Vaccines Work” on November 22. The discussion is free and open to all to attend. For further details, please see the announcement below: Webinar on “How Patent Monopolies on Biologics and Vaccines Work” Third World Network invites you to a one-hour discussion (with Q&A) on intellectual property monopolies on biologics and vaccines.  We will be discussing …

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Checking the Constitutionality of the Notification Regarding the Appointment of Nodal Officers to Combat Film Piracy

/ By / Copyright

[This post is authored by SpicyIP Fellow Yogesh Byadwal with inputs by Balaji Subramanian. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here. Views expressed here are those of the author’s alone.] The Ministry of I&B, on Nov. 3, released a notification notifying nodal officers under Sec. 7(1B)(ii) Cinematograph Act, 1953, for issuing notifications to …

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SpicyIP Weekly Review (November 13- November 19)

/ By / Copyright, Geographical Indication, Patent, Trademark

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Highlight of the Week HULM Entertainment v. Fantasy Sports: Reanalysing Originality, Idea-Expression Dichotomy and Copyrightability of GUIs The ongoing dispute between Hulm Entertainment and Fantasy Sports before the Delhi High Court is a roller coaster ride, involving intricate elements such as concept notes, the copyrightability …

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