2024

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SpicyIP Weekly Review (February 12- February 18)

Here is our recap of last week’s top IP developments. Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. Anything we are missing out on? Drop a comment below and let us know. This Weekly Review is authored by SpicyIP intern Kevin Preji. Kevin is a second-year […]

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‘Non’-Pharmaceutical Substance and Efficacy under Sec 3(d)

Can Section 3(d) be applied to a non pharmaceutical invention? The MHC in Novozymes v. Asst. Controller of Patents and Designs made some interesting observations on this issue. Discussing the court’s decision and highlighting what can be ‘efficacy’ for such a non-pharmaceutical subject matter, we are pleased to bring to you this guest post by Amit Tailor. Amit is a Postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S. Nagar (Mohali) and LL.B. from Faculty

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SpicyIP Tidbit: CGPDTM Launches Open House Helpdesk Portal

In a welcome development, the office of Controller General of Patents, Designs and Trade Marks (CGPDTM) launched the Open House Helpdesk Portal on February 14, to “provide swift and effective resolution to the queries and grievances of applicants and stakeholders” on a plethora of issues. Registering oneself with the portal seems pretty straightforward where a person has to put in their name, email id, and mobile phone number. In addition to the above, one would also need to choose a

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E&Y Report on The Rise of Music Publishing India: Reflections from an IPR Perspective

Every year, a diverse community of over 40,000 music creators in India produces a remarkable 20,000 to 25,000 original songs! This sector contributes substantially to India’s revenue, accounting for over INR 12,000 crore, translating to approximately 6% of the entire Media and Entertainment industry. The country’s music publishing industry has grown significantly, reaching INR 845 crore during FY 2022-23. These are some highlights from the recently released report from E&Y titled ‘The Rise of Music Publishing in India’ based on

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SpicyIP Weekly Review (February 05- February 11)

After an eventful week, here is our recap of its top IP developments. Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work. Don’t forget to check them out on the blog too! This Weekly

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Universal Health Network v.  Adiuvo Diagnostics Private Limited: Clarity on Writ Jurisdiction against Orders from the IPO 

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. Assessing this decision in light of the Delhi High Court’s judgement in Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents, we are pleased to bring to you this post by Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore and wrote this post while

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SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Som Parkash, the Minister clarified that the existing IPR regime is well-equipped to protect Artificial Intelligence (AI)-generated works, thus indicating no necessity to establish a separate category of rights. The Current Regime is Sufficient to Address AI Innovations The unstarred question in the Rajya Sabha requested clarification on three

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A Relook at Business Methods in light of Madras High Court’s Decision in Priya Randolph v. Deputy Controller 

In Priya Randolph v. Deputy Controller, Madras High court rejected the contention that the subject invention was excluded for being business method. The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. The judgement comes on the heels of  OpenTV v. The Controller of Patents and Designs in July which had rejected a patent application for being primarily a claim to business method. In this post, I will contrast the two

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Comments on the Proposed Trademarks (1st Amendment) Rules, 2024

On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024. As discussed by Pragya Singh and Lakshita Handa, here, the proposed Rules are marred with inconsistencies and can surely benefit from an assessment through the principles of simplicity, rationality, accountability and accessibility. Right on the heels of their post, we are pleased to bring to you detailed comments on the Proposed Rules authored by Praharsh, Pranav, Swaraj and

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Orange Book & Inaccurate Patents: US Federal Trade Commission in Action

[This post is co-authored by SpicyIP Intern Pranav Aggarwal and Swaraj Paul Barooah. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous posts can be accessed here.] On 7th November 2023, the Federal Trade Commission (“FTC”) issued a press release announcing its challenge to more than 100 patents listed in the ‘Orange Book’. These patents which belong to ten

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