2021

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Parliamentary Standing Committee Report on IPR – a Regressive View

/ By / Copyright

This post continues the discussion on Copyright Reform suggested by the Parliamentary Standing Committee Report on IPR, which Adyasha had discussed on the blog here. In a recent opinion piece in The Hindu (available behind a paywall here), Rahul and I discussed the Committee’s Report in context of the State’s obligations as part of the Right to Education. In this post, we are briefly highlighting some of the points we had made there, along with relevant excerpts: Nature of these […]

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Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

/ By / Trademark

We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 5th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Her previous guest post on the blog can be viewed here. Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use? Pragya Jain Advertising is an important factor in deciding a product’s future success. It is common knowledge that it is the most effective and proven method of attracting new customers in the

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Delhi HC IP Division Rules: An Opportunity to Strengthen Procedural Framework

/ By / Copyright, Patent, Trademark

We’re pleased to bring to you a guest post by Eva Bishwal. Eva is a Senior Associate at Fidus Law Chambers, a boutique IP law firm in Noida. IP Division Rules: An Opportunity to Strengthen Procedural Framework Eva Bishwal The abolition of the IPAB and the creation of the IP Division (‘IPD’) in the Delhi High Court have been extensively discussed here and  here. In this post, I will discuss the foreseeable problems of the new order and the scope

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An image of a packet containing Cipla's Duolin Repsule

Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off

/ By / COVID-19, Trademark

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off Kedar Ganesh Dhargalkar In the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., the ever-evolving path of trademark jurisprudence witnessed a modernistic turn, which put its discourse on an intriguing juristic boulevard. This

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SpicyIP Weekly Review (August 16 – 22)

/ By / Copyright, Others, Patent, Trademark

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes In a guest post, Satchit Bhogle covered the issue of infringement of personality rights. Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue.

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Call for Applications: Research Assistants – IPR Chair at NALSAR, Hyderabad [Apply by August 25]

/ By / Opportunities

We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021. For further details, please see the announcement below: Advertisement for Recruitment for Research Assistants – IPR Chair NALSAR University of Law, Hyderabad invites applications for the following contractual positions: Research Assistants for IPR Chair Project – 2 Nos. QUALIFICATIONS REQUIRED: 1) Ph.D holder or PhD Scholar working in the

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PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes

/ By / Privacy

We’re pleased to bring to you a guest post by Satchit Bhogle. Satchit is a Counsel at the Bombay High Court. He graduated from NUJS, Kolkata in 2016 and completed his LL.M. from Duke University in 2019. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes Satchit Bhogle Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out

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SpicyIP Weekly Review (August 9 – 15)

/ By / Copyright, COVID-19, Drug Regulation, Patent, Privacy, Trademark

Topical Highlight Ensuring Access to TB drugs: Is Compulsory License the Way? In this post, Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. They discuss the facts and figures surrounding multidrug-resistant tuberculosis in India as well as

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FMC Receives Injunction for Chlorantraniliprole: Coverage-Disclosure, Anticipation, and Issues That Remained Unaddressed

/ By / Patent

The Delhi High Court in a judgment last month allowed FMC Corporation’s (‘FMC’) interim injunction application against Natco Pharma Ltd (‘Natco’) and Best Crop Science LLP (‘Best Crop’). The injunction was sought with respect to FMC’s patents relating to Chlorantraniliprole (‘CTPR’), a product used for making insecticides. This injunction plea came about as the defendant sought to launch a CTPR product which according to FMC would infringe its patents. It is one of the most significant patent disputes to have

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Ensuring Access to TB drugs: Is Compulsory License the Way?

/ By / Patent

This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here.  [Note: Long post ahead] Ensuring Access to TB drugs: Is

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