August 2017

The Delhi High Court Misses Another Opportunity to Rule on the New Section 52(1)(w) in Context of Engineering Drawings

/ By / Copyright, Design, Overlaps in IP

In a recently delivered judgment, the Delhi High Court was once again faced with a plaintiff seeking an interim injunction restraining a defendant from manufacturing a product on the grounds that it was infringing the plaintiff’s copyright in its engineering drawings. The plaintiff Holland L.P. and its Indian partner, claimed to have invented “automatic twist locks” (ATL), to help secure containers on railcars. The system is used by the Indian Railways which put out a tender for procurement of the […]

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Indian Patent Office – Expedited Examination – Does it in Record Time

/ By / Patent

  Our patent office had initiated the expedited examination procedure last year under the revised rules 2016.  This program has yielded excellent results and some patents already granted.  One of them has been granted in record time of less than 4 months.  This is remarkable as if I exclude the time taken by the applicant to respond, the patent office took only 19 days. This is less than a month! Great going and three cheers for our patent office! About

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SpicyIP Tidbit: SC Calls Out “Disturbing Trend” of Settling IPR Issues Through Interim Orders

/ By / Others

As per strict doctrine, interim orders are issued on the basis of a prima facie impression, to prevent “irreparable harm“, by virtue of a party’s actions, during the duration of the proceedings. But in effect, courts haven’t really been solving matters in accordance with settled doctrine, and have largely been sticking to settling matters, almost conclusively, through interim orders. You can find considerable coverage on SpicyIP on the same here. A Supreme Court Bench, comprising of J. Ranjan Gogoi and

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SpicyIP Weekly Review (July 16 – 30)

/ By / Others

SpicyIP Weekly Review (July 16 – 22) Divij Joshi The first thematic highlight for this week was Harshvardhan’s exploration of the ‘goodness’ of trademarks, in his two–part post. Harshvardhan highlights the cultural role of trademarks and explores how the law treats trademarks not merely as an indicator of goods, but also of ‘goodness’, sometimes by seeking to restrict immoral or pejorative trademarks. Harshvardhan builds the argument that a trademark must be based on something more than distinctiveness, and it must satisfy a

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“PARAMOUNT” TM #Delhi HC #Clean Hands Doctrine #Equitable Reliefs

/ By / Trademark

I write to discuss the Delhi HC J. Indermeet Kaur’s judgment involving the mark “PARAMOUNT”. The mark under discussion is relevant strictly in the context of businesses indulging in sale of hospital beds and to the best of my knowledge, is not related to the Paramount film studio. The ruling is unique because the court did not pass an interlocutory injunction in favour of the plaintiff, despite said plaintiff having a valid registration in the relevant class. Though the question

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