2024

Mischief, Manifestation, and the Michelin Trademark!

/ By / Trademark

In light of the recent controversy concerning a Delhi-based restaurant’s use of a “Michelin plaque”, we are pleased to bring to you this guest post by Dr. (Prof.) Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Prof. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Mischief, Manifestation, and the Michelin Trademark! By Dr. (Prof.) Sunanda Bharti Vir Sanghvi, a prominent Indian journalist and author known for his insightful […]

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SpicyIP Weekly Review (March 18- March 24)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part I In this two part post

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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

/ By / Patent

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., which was written in the context of the October ’23 draft amendments. Prashant raises questions as to the influence of business lobbying groups, and concerns regarding the then proposed changes to the Rules. Please note: in the finally published Rules (last week), the proposed change to pre-grant oppositions has been modified in the finally published version. Earlier, the controller could

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A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part II

/ By / Patent

[This post is co-authored with Praharsh.] In part I of the post we discussed the implication of the new patent amendment Rules on the obligation to file working statements and information on corresponding foreign applications to the Indian patent applications. In this part we shall discuss the implications of the Rules on Pre-grant Opposition mechanism.  Pre-grant Oppositions On the issue of pre-grant oppositions, it is to be noted and appreciated that the published rules have taken into consideration some of

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A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part I

/ By / Patent

[This post is co-authored with Praharsh.] Last week, the DPIIT published amendments to the Patent Rules, 2003, bringing changes to amongst other things, some important patent policy levers like working statement requirements, disclosure about corresponding foreign applications, pre-grant oppositions, etc. While there has been much vocal praise over the Rules in general, there has been surprisingly very little nuanced or analytical discussion of what these changes mean to the Indian Patent Eco-system as a whole (which includes more than just

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Delhi HC in Zed Lifestyle Pvt Ltd. V. Hardik Mukeshbhai Pansheriya and Ors – a case of TM infringement and Intermediary Liability

/ By / Trademark

Overview of the Case The plaintiff filed an infringement suit against the defendants from using any mark which is identical or deceptively similar to the plaintiff’s word and device mark “BEARDO”. The Court granted ex parte ad interim injunction dated 4 May 2021. The Court directed Amazon (the defendant No. 3) to remove the products of Defendants 1 and 2 from the “BEARDO STORE” webpage. The defendants 1 and 2 did not appear and the Court granted a permanent injunction

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SpicyIP Weekly Review (March 11- March 17)

/ By / Copyright, Others, Patent, Trademark

[This SpicyIP Weekly Review is authored by Kevin Preji.  Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here.] After a busy week at the blog, here is our recap of last week’s top IP developments including summaries of posts on the Patent Office’s disposal of 1500+ patent applications in one day, Delhi High Court’s decision in Interdigital v

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Patent Rules Published: A Quick Look 

/ By / Patent

On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. There will likely be more posts in the coming days that take a deeper look into these Rules. For now, on a quick skim, some of the notable amendments are:-  Revised Time limits  The Amended Rules revised timelines/ time limits for the following:-  Certificate of Inventorship  Amendments Concerning Requirement to File Information about Foreign Applications  Amendments Concerning

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Analysis of February 2024 Delhi High Court Judgment in InterDigital v. Oppo – II

/ By / Patent

Bank Guarantee In the given case, the Court refused to accept the bank guarantee issued by HSBC-Paris – since it does not fall within the jurisdiction of Delhi High Court. HSBC-India declined to confirm the bank guarantee citing that HSBC-India and HSBC-Paris are technically two different entities (para 22). My understanding is, the guarantee issued by HSBC-Paris was meant to secure the counter-offer made by the defendants in the global licensing negotiations. It is also irrevocable and unconditional. It can

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Analysis of February 2024 Delhi High Court Judgment in InterDigital v. Oppo – I

/ By / Patent

I provided an overview of the 21 February 2024 Delhi High Court judgment in the earlier post. I will analyse the judgment in this series. Broadly speaking, I am unable to agree with the concept of providing an interim deposit when there is a clear timeline in place for completing the trial. The award of interim deposit, when the Court has not even conducted a prima facie review of the case, is counter-intuitive.   I pose questions (rather than offer

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