2024

Swiss Senate approves FTA with India: What’s at stake for patents?

/ By / Others

Image from here. On December 3, the Swiss Senate (Council of States) overwhelmingly approved an FTA, the Trade and Economic Partnership Agreement, between India and the European Free Trade Association (EFTA). With a unanimous 41 votes in favour and 3 abstentions in the Senate, the agreement will now await the approval of the National Council. Signed in March 2024 after 16 years of negotiations, the FTA promises to redefine economic relations between India and the EFTA countries, Switzerland, Iceland, Liechtenstein […]

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V Shrinivasan v. Music Academy: “Will”ing Posthumous Privacy/Publicity Rights into Existence

/ By / Others

Can someone’s wishes expressed in their Will overcome the precedents on descendability of publicity rights? Bharathwaj explores this question in light of the recent controversy surrounding the use of late singer M.S Subbulakshmi’s name as part of an award. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. V Shrinivasan v. Music Academy: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim

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Another day, Another Unreasoned Order by the Indian Patent Office: Analyzing Signal Pharmaceuticals vs Deputy Controller of Patents

/ By / Patent

In Signal Pharmaceuticals vs Deputy Controller of Patents, the Madras High Court set aside the impugned order by the Indian Patent Office for being a non-speaking one. Analysing the Court’s decision, Bharathwaj discusses when an order is regarded as non-speaking and assesses the probable reasons for such orders. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. Another day, Another Unreasoned Order by the Indian Patent Office:

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[Sponsored] PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research

/ By / Sponsored

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new AI assistant. For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer, a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “PatAssist”. Designed to answer deeper technical questions on your patent datasets with a high degree of

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Counterfeit Goods and Criminal Sanctions: Assessing P&H Order on Procedural Irregularities in Arun Kumar vs State of Punjab

/ By / Copyright, Trademark

Discussing the Punjab and Haryana High Court order quashing the charges of copyright and trademark infringement on substantive and procedural grounds, SpicyIP intern Bharathwaj Ramakrishnan assesses the Court’s findings on copyright infringement and explains the procedural requirement under Section 115 of the Trademarks Act. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous post can be accessed here. Counterfeit Goods and Criminal Sanctions: Assessing P&H Order on Procedural Irregularities in Arun Kumar

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SpicyIP Weekly Review (November 25 – December 1)

/ By / Copyright, Design, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week SpicyIP Tidbit: Patent Office

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SpicyIP Tidbit: Patent Office Rejects Dolutegravir Application, Paving Way for Affordable HIV Drugs

/ By / Patent

[This post is authored by Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Her previous post can be accessed here.] The Controller of Patents, Kolkata, on 3rd October, 2024, rejected the patent application for an HIV drug- Dolutegravir by VIIV Healthcare and Shionogi & Co. Ltd. This decision, coming after nearly a decade of

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Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 11)

/ By / Event, Patent

Patent enthusiasts will be excited to know that a comprehensive commentary on Patent Law, authored by Adarsh Ramanujan (incidentally, a former blogger with SpicyIP), is set to be released on December 4, 2024 December 11! [Note: We have an update from the Author- In view of the elevation of Chief Justice Manmohan to the Supreme Court, this event is being rescheduled to December 11. Keep an eye on the post for the updated dates!] Adarsh is an Advocate and a

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The image features a meme inspired by a popular scene from Game of Thrones. It shows a character dressed in medieval-style attire holding a sword with the text: Top text: "BRACE YOURSELVES" Bottom text: "DILUTION IS COMING"

DHC goes the MHC way!: Diluting Business Method Exclusion u/s. 3(k)

/ By / Patent

In Comviva Technology v. Assistant Controller, the DHC was hearing an appeal against the rejection order of the Controller. The Controller held that the invention related to ‘business methods’ and ‘computer program per se’ u/s. 3(k)which was unpatentable. In this post, I argue that Comviva moves away from the DHC’s holding in OpenTV and adopts the approach of MHC in Priya Randolph while deciding the patentability of business methods. I also argue that the interpretation of 3(k) adopted by the Court in this case, prima facie, seems contrary to the legislative intent.

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Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure

/ By / Patent

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous posts can be

Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure Read More »

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