2023

Trademarks, “Nature” of the Business and Interim Injunctions: Some Thoughts on the Delhi High Court’s Two (Opposing?) Orders

/ By / Trademark

(This post is authored by  SpicyIP Intern Niyati Prabhu, a second-year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. See her previous posts here and here.) Recently Delhi High Court passed contrasting orders in Birla Institute Of Technology and Science, Pilani vs Maa Bhagwati Educational Society and Anr. (“BITS Case”) and the American International School, Chennai vs American International School, Greater Noida and Ors. (“American International School Case”).  On the face of it, the facts of both the cases seem similar, […]

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Lookin’ for the Reason: Delhi High Court Comes Down Heavily on the IPO for Lack of Reasons in its Order

/ By / Patent

[This post is co-authored with Swaraj Paul Barooah] Various authors on this blog have repeatedly pointed out the lack of proper reasoning in patent orders, both from courts (see here) as well as from the patent offices (see here). This issue has also been pointed out by courts recently (see here, here and here). A few days ago, Justice Hari Shankar of the Delhi High Court came out with probably the strongest indictment of this practice. In Dolby International v.

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Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28]

/ By / Opportunities

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between  April 24-28, 2023. The last date to apply for the workshop is March 25, 2023. For further details, please read the call for applications below: Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28] Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World

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SpicyIP Weekly Review (March 6- March 11)

/ By / Biological Diversity, Copyright, COVID-19, Drug Regulation, Geographical Indication, Patent, Trademark

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with

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Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy

/ By / Biological Diversity

In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002. Noting how the Indian Government is in the process of coming up with a new bill with significant amendments, Prashant suggests that perhaps other countries should look to learn from India’s experience. As our regular readers would know, Prashant has been one of our most prolific bloggers and his

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ChatGPT and the Underlying Copyright Malady

/ By / Copyright

ChatGPT, a chatbot, and its outputs have been in the limelight for quite some time, with discussions surrounding the chatbot’s overall impact on the future. Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous

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Winzo v Google- Missed Opportunity to Detail out Disparagement

/ By / Trademark

[This post has been authored by SpicyIP Intern Tanvi Agarwal. Her previous post can be accessed here. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] With the growth of competitive businesses around the world, industries are indulging in practices to promote their own goods to make it more attractive for consumers. In this process, they sometime tend

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Microsoft v. Asst. Controller of Patents and Designs: Revisting the CRI Guidelines and Ferid Allani

/ By / Patent

The issue of Computer Related Inventions (CRI) in India has popped up again, with Delhi High Court presently hearing an appeal against an order of the Patent Office rejecting an application filed by Microsoft, titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). SpicyIP intern Sukarm Sharma discusses this ongoing dispute, in light of the CRI 2016 guidelines and the Ferid Allani order. Sukarm is an undergraduate law student at NLSIU, Bangalore. Microsoft v. Asst. Controller of

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Call for Papers: NUALS Intellectual Property Law Review (Vol. V) [Submit by April 18]

/ By / Opportunities, Publication

We’re pleased to inform you that the National University of Advanced Legal Studies, Kochi (NUALS) Intellectual Property Law Review is inviting contributions to the fifth volume of the journal. The deadline for submissions is April 18, 2023. For further details, please read the call for papers below:   Call for Papers: NUALS Intellectual Property Law Review (Vol. V)  About CIPR, NUALS The National University of Advanced Legal Studies (NUALS) Kochi, established the ‘Centre for Intellectual Property Rights’ (CIPR) to promote

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SpicyIP Weekly Review (February 27-March 4)

/ By / Copyright, Design, Patent, Trademark

[The weekly review is co-authored with SpicyIP intern Tanvi Agarwal] Here are the quick summaries of the 7 cases and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Case Summaries  Delhi High Court injuncts defendant from using “Sona” however, imposes costs worth 10 Lakhs on the plaintiff for concealing material facts. Case: Sona Blw Precision Forgings Limited & Anr. V. Sona Mandhira Pvt.

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