2023

Interplay Between Sections 124, 47 and 57 of the Trade Marks Act, 1999: The Fault in Our Interpretations

/ By / Trademark

Recently, the Delhi High Court passed an interesting order in Anubhav Jain v. Satish Kumar Jain, holding that the rights u/s 57 of the Trademarks Act to seek rectification of the register, is independent of the rights u/s 124 which allows the defendant to seek a stay over the infringement proceedings when the validity of the trademark is raised as a defence. This interplay was the point of a previous controversy, which the Supreme Court addressed in Patel Field Marshall […]

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Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part II

/ By / Patent

In Part I of this 2-part post, Amit Tailor discussed the key aspects of the Delhi High Court’s order in Allergan Inc. v. the Controller of Patents. In continuation to that discussion, he analyzes the order from the lens of previous decisions by Delhi High Court and makes key observations regarding public interest. Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part II Amit Tailor Evolving ‘Amendments’ in India under Nippon, Boehringer & Allegan Divergent Views on Similar Facts

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Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part I

/ By / Patent

Recently, Delhi High Court in Allergan Inc. v. the Controller of Patents set aside the order of the Indian Patent Office, and allowed certain claim amendments u/s 59(1). In this 2 part guest post, Amit Tailor discusses the Allergan order in part 1 and then assesses it in light of the previous decisions on the similar issue of claim amendments. Amit is a postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S. Nagar (Mohali) and

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SpicyIP Weekly Review (February 6- February 12)

/ By / Copyright, Design, Patent, Trademark

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. 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 The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came

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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

/ By / Others, Trademark

Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. A few months ago, the provision was in the headlines saying that honest concurrent use (“HCU”) is not a defence to a trademark infringement claim. It came from the Delhi High Court’s (DHC) order in Kei Industries v Raman Kwatra (KEI-1), which came

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Fallouts from India’s First Website Blocking Order Passed Against Stream Ripping

/ By / Copyright

[This post has been authored by our SpicyIP Intern Gaurangi Kapoor. Her previous posts can be accessed here, here and here. We are also thankful to our former SpicyIP Intern Ananya Dutta for her inputs on an earlier draft.] In what may be the first instance of stream ripping being prohibited in India, the Delhi High Court in the case of Sony Music Entertainment India Pvt Ltd and Ors vs Yt1s.Com and Ors has passed an order restricting the defendants from

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The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings

/ By / Copyright, Others

Delhi High Court recently came up with the ‘Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022’. One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. Niyati Prabhu is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. The Copyright

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Delhi High Court Imposes Costs worth INR 2 Cr. for Disobeying Interim Injunction

/ By / Patent

Delhi High Court came down heavily on Triveni Interchem Pvt. Ltd (Triveni) in a recent order (Pfizer v. Triveni) and imposed costs worth whopping 2 Crores on it for “wilful and contumacious disobedience” of the interim injunction order dated 21st October 2021, whereby the court had restrained Triveni from manufacturing and selling Palbociclib. The Crime  Pfizer moved an application under Order 39 Rule 2A alleging that despite the injunction, Triveni was selling Palbociclib in different packaging. Triveni asserted that they

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[Sponsored] UK IPO-INTA Brand Protection Strategies Conference, 2023 [February 24]

/ By / Opportunities, Sponsored, Trademark

We are pleased to announce that the UK Intellectual Property Office (UK IPO) and International Trademark Association (INTA) are jointly hosting a conference on brand protection strategies on February 24th, 2023 at the Imperial, New Delhi. The conference includes insights from government officials, academics, brand owners, and IP practitioners and is completely free-to-attend! For further details please read their announcement below.  UK IPO-INTA Brand Protection Strategies Conference, 2023 UK Intellectual Property Office (IPO) and International Trademark Association (INTA) are jointly

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SpicyIP Weekly Review (January 31- February 5)

/ By / Copyright, Patent, Trademark

In the first week of the new month, here are our summaries of the 3 blogposts, 7 court orders and other national and international 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! Highlight of the week Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness In a spicy turn of events, a division bench of Delhi High Court overruled the

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