2023

Book Release: ‘Archives, Ethics and the Law in India’ – A Guidebook for Archivists in India

/ By / Copyright, Privacy

I am happy to announce the launch of ‘Archives, Ethics and the Law in India’, an open-access publication published by the Archives at the National Centre for Biological Sciences in Bangalore. This publication is intended to be a guidebook for archivists, on the intersecting questions of ethics and law that they routinely face in the course of their practice. The guidebook is one of the outputs of a larger project at the Archives at NCBS, which examines the intersections of […]

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Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness

/ By / Trademark

[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career in Intellectual Property Rights. As he describes himself, if he is not at his desk, he is probably writing a poem or a short story.] In another spicy development, the marks  “SCHEZWAN CHUTNEY” and “SZECHUAN CHUTNEY” were held as descriptive and bereft

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SpicyIP Tidbits: Delhi High Court Interprets the Term “Leaving with the Registrar” Broadly

/ By / Trademark

[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career in Intellectual Property Rights. As he describes himself, if he is not at his desk, he is probably writing a poem or a short story.] In a notable move Delhi High Court in M/S V-Guard Industries Ltd vs The Registrar Of Trademarks

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SpicyIP Weekly Review (January 23- January 30)

/ By / Copyright, COVID-19, Patent, Trademark

[This weekly review has been co-authored with SpicyIP interns Gaurangi Kapoor and Ishant Jain.] January’s end is just around the corner and what an eventful start it has been to the year! In our previous weekly reviews (here, here and here) we have collectively summarized 16 blog posts, 37 case summaries and other national and international IP developments. Not to forget – we started the year with our round up of the biggest IP developments of 2022. In the last

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SpicyIP Tidbit: Delhi HC passes ex parte injunction in favour of Glenmark in ‘TELMA / TELMA-AM’ counterfeiting claim

/ By / Drug Regulation, Trademark

The Delhi High Court passed an ex parte injunction in the matter of Glenmark Pharmaceuticals vs Sanjeevni Medicos And Or against the defendant and restrained them from manufacturing, marketing, selling, and advertising medicinal and pharmaceutical preparations under Glenmark’s trade mark – ‘TELMA’ and ‘TELMA-AM’ and any other mark deceptively similar to the same. The injunction was granted to prevent confusion or deception amounting to infringement or passing off of Glenmark’s trade mark registrations. Telma and Telma-AM are trademarked names for

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SpicyIP Tidbit: Supreme Court translates 1091 judgments into regional languages on Republic Day

/ By / Others

Today India marks the 74th year since it adopted the Constitution and identified itself as a “Republic”! This day celebrates the ability of our nation, bogged by colonial setup, to overcome the past and establish itself as the largest democracy in the world with perhaps the most diverse population. In a very positive step towards acknowledging this vast diversity, the Chief Justice of India, Justice D. Y. Chandrachud announced that the Supreme Court would be making available 1091 judgments in

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SpicyIP Weekly Review (January 17- January 22)

/ By / Copyright, COVID-19, Design, Patent, Trademark

After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries 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! Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to

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Rooh Afza v. Dil Afza Part II: Meaning Found in Trademark Protection

/ By / Trademark

In January last year, a single-judge bench of the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited had refused to grant an interim injunction preventing the defendant from using the mark ‘Sharbat Dil Afza’ which was alleged to infringe on the plaintiff’s mark ‘Sharbat Rooh Afza’. The injunction was refused on the ground that the marks were dissimilar and that similarity in the meaning of the words ‘Dil’ and ‘Rooh’ was not

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Future of mRNA and win-win for all: Why we need the government to disclose its collaboration agreement

/ By / Others, Patent

It is critical for the government to be forward-thinking. The Biotechnology Industry Research Assistance Council, a government department,  is reported to have provided INR 70 to 100 crores to Gennova Pharmaceuticals for its development of an mRNA vaccine for Covid. The mRNA technology is a versatile platform technology that has been heralded as a new era in vaccines. The platform used by Gennova (saRNA – self-amplifying RNA) overcomes storage / temperature issues that affected previous versions of mRNA vaccines. Unlike

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COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues

/ By / Patent

The mRNA vaccine platform is a versatile vaccine technology that has the potential to treat several diseases. It has been heralded as a new age in medicine and several countries and companies all over the world are interested in it. However, there is uncertainty over who owns its main components  i.e. the mRNA and the lipids that coat the mRNA to enable delivery. Several intellectual property rights battles are being fought over this new technology. One of the main battles involves

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