2024

(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad 

/ By / Trademark

What if I told you that there was a way to get free prasad from the Pran Prathishta (consecration) ceremony of the Ram Temple in Ayodhya, Uttar Pradesh? Surely this question would have piqued the interest of many devotees. Many would have also come across text messages, Instagram posts stating that “Khadi Organic” was providing delivery of free prasad from the consecration ceremony against a delivery charge of merely INR 51/-. Also, chances are that many people would have confused “Khadi […]

(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad  Read More »

The Ibrunitib Saga: DHC Restrains Generic Competitors, but What about Public Interest?

/ By / Patent

The Ibrutinib Patent Dispute Adding another chapter to the long-standing legal dispute concerning the Leukaemia medication Imbruvica (API Ibrutinib), the Delhi High Court on December 21, 2023, upheld the IPAB order setting aside the post-grant rejection of the Ibrutinib patent.  The Court also restrained Natco Pharma, Hetero, BDR Pharma, Shilpa Medicare, Alkem, and Laurus Labs from manufacturing and marketing the generic versions of Imbruvica. However, considering the importance of the drug, the Court permitted the defendants to exhaust the stock

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[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (January 08 – April 30) [Register by February 29]

/ By / Courses & Workshops

We’re pleased to inform you that a free online course on intellectual property starting on January 08, 2023 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Join SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi About the Course The course is launched on the SWAYAM platform by the Ministry of

[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (January 08 – April 30) [Register by February 29] Read More »

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SpicyIP Weekly Review (January 15- January 21)

/ By / Copyright, Patent, Trademark

Here is a brief recap of IP developments from last week. Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution proceeding, and Bombay High Court’s interpretation of Section 60, Copyright Act.   Highlights of the Week IP Scholarship, Citations, and Knowledge Governance: Some Insights from the History of IP Teaching in India Why do we cite who we cite? Why are some IP scholars more

SpicyIP Weekly Review (January 15- January 21) Read More »

IP Scholarship, Citations, and Knowledge Governance: Some Insights from the History of IP Teaching in India

/ By / Others

Source – From Flickr’s Kevin Lim “Are Some Scholars More Equal than Others?,” a question that Prof. Basheer raised in his 2018 post on the Politics of Patent Citation. While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. Gladly, I “could” witness it because Swaraj instructed us to be conscious of

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Section 60 of the Copyright Act: Finally, Some Answers(?)

/ By / Copyright

While much of discourse around copyright infringement is around the owner’s rights, very little attention has been paid to the normalization of over-protection of material! Copyright trolls, and entities that make their living off of sending infringement notices (whether with any basis or not) are not uncommon anymore. India is actually one of the few jurisdictions where the legislators had the foresight to include some protection against just this! Section 60 of the Copyright Act provides remedies for groundless threats

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Glaring Procedural Questions Arising Out of a Recent Patent Prosecution Proceeding  

/ By / Others

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. However, a recent case raises alarming questions regarding how these checks are carried out. In a case with seemingly overlooked delayed filings by the Applicant, a patent application was abruptly transferred from one officer to another, ignoring a

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SpicyIP Weekly Review (January 8-January 14)

/ By / Copyright, Patent, Plant Variety Protection, Trademark

Here is a brief recap of IP developments from last week. Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case. Blogposts Angering the Gods: A Relook at the VBM Trademark Infringement Case Holy Trinity of Hindu Gods against trademark infringement allegations? Recently, in a trademark infringement dispute, the defendant pleaded that the impugned VBM mark was an acronym for the trinity of Hindu

SpicyIP Weekly Review (January 8-January 14) Read More »

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The Taste of Triumph: Lays Sweeps Potato Variety IP Dispute

/ By / Plant Variety Protection

Lays Bags the Win A division bench (DB) consisting of Justice Yashwant Varma and Justice Dharmesh Sharma has nullified on 09 January 2024, the single bench’s (SB) ruling from 05 July, 2023 (discussed by Niyati here) and the order of the Authority established under Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA), 2001, along with its letter dated February 11, 2022, which denied PepsiCo’s application for the renewal of patent registration on a potato seed variety- FL 2027.  Before

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Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds

/ By / Plant Variety Protection

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. SpicyIP Intern Vedika Chawla discusses this order. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds By Vedika Chawla In an artfully written judgement, The Delhi

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