SpicyIP Weekly Review (December 31-January 6)

We started 2019 with a bang-and quite a few interesting posts!

Thematic Highlight 

We had an enlightening guest post related to the Mosanto v. Nuziveedu case. In her post, the author notes that the Delhi HC had relied on a number of European precedents to conclude that Monsanto’s claimed invention covering the Bt gene construct and a process for preparing the transgenic Bt Cotton plant amounted to an “essentially biologically process” (which is excluded under Section 3(j) of the Patent Act). She notes, however, that a recent European development casts doubt on this particular interpretation.

Topical Highlight

Prashant wrote about the Uttarakhand HC’s “flight of fancy” in a recent judgment, where they held that Divya Pharmacy would be subject to  benefit sharing obligations under the Biological Diversity Act, as per which they would be required to make payments to the Uttarakhand State Biodiversity Board. The Court, in its judgment, noted the differential treatment meted out to Indian and foreign companies in this regard and concluded that it would be legally absurd to treat entities differently. Prashant, however, notes that such differential treatment is in accordance to India’s protectionist stance.

Other Posts

The yearly review of 2018 was co-authored by Rishabh and me, under the guidance of Prof. Basheer and Pankhuri. We listed out India’s top IP developments which have been covered on the blog. Our review has been divided into 3 sections: 1) Top Cases/Judgments Based on Topicality/Impact, 2) Top Cases/Judgments Based on Jurisprudence/Legal Lucidity and 3) Top Legislative, Policy-Related and Other Developments

Prof. Basheer wrote a brief and interesting post on the “Hakuna Matata” trademark controversy. The trademark is sought by Disney. In his post, Prof. Basheer deliberates on the allegations of cultural appropriation charged against Disney for the current ongoing controversy and previous instances. He further deliberates on the ability of the mark to be trademarked and the interplay between ethics and law.

Other Developments






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