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Aparajita Lath

Aparajita graduated from the WB National University of Juridical Sciences, Kolkata. She was formerly an editor of the NUJS Law Review. She is a lawyer based in Bangalore. All views expressed by her on the blog are her personal views.

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Delhi HC: Pending IPR cases to heard by Commercial Divisions of High Court – irrespective of value


A Single Judge of the Delhi HC in Guinness World Record and Ors v. Sababbi and Ors, recently decided the issue of whether IPR cases below Rs. 1 crore can be transferred to jurisdictional district courts or whether they must be tried by Commercial Divisions of the High Court. The Court concluded that in light of the language used in the first proviso to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act,…


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Trademark

Full Bench Delhi HC: No prior permission from court to initiate rectification proceedings – Section 124


Section number ‘124’ seems to the most trending section number this month in India – from passionate debates over the highly controversial section 124A of the Indian Penal Code splashed all over the news, we have for our readers a slightly more tedious debate over section 124 of the Trade Marks Act, 1999. A full bench of the Delhi High Court in Data Infosys v. Infosys Technologies held that prior permission of the Court is not necessary under Section 124(1)(b)(ii) of…


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Patent

IPO: CRIs guidelines kept in abeyance till contentious issues resolved


The Indian Patent Office (IPO) has issued an office order on December 14, 2015 stating that the Guidelines for Examination of Computer Related Inventions (CRls) issued on August 21, 2025 will be kept in abeyance till discussions with stakeholders are complete and contentious issues are resolved. This order seems to have been issued in light of several representations that were received regarding the scope and interpretation of Section 3(k) of the Patent Act, 1970 adopted by the 2015 guidelines. Till…


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Others

Transfer of IPR cases stayed by the Delhi High Court


Two writ petitions (filed by Vifor International Limited and Asian Patent Association (Indian Group) have been filed against the Registrar General of the Delhi High Court’s order dated 24.11.2015 with effect from 26.10.2015. On December 3, 2015 a division bench of the Delhi High Court held that the proviso to section 7 of the Commercial Courts, Commercial Divisions and Commercial Appellate Division of High Courts Ordinance, 2015 (“Commercial Courts Ordinance/Ordinance”) requires consideration but until the next date of hearing (January…


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Trademark

Supreme Court says NO: Trademark registration for names of holy books


In the present case (Civil Appeal No. 2138 of 2006, Supreme Court), the appellant had applied for registration of the mark “Ramayan” with the device of a crown in relation to incense sticks and perfumeries (class 3). This application was challenged by the respondent whose main contention was that since the mark was a name of a religious book, no single trader could claim exclusivity over it. The Assistant Registrar of Trade Marks had held that this mark was capable of distinguishing…


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Others

Writ petition filed against transfer of IP cases


We recently carried a post on the Draft Trademark Rules (Amendment) 2015 here. While the rules are still in a draft stage and open to comments, we are given to believe that a writ petition has been filed against these draft rules before the Delhi High Court in WP 11043/2015. No interim orders have been passed as yet. We would appreciate if our readers could share a copy of the petition with us. [Clarification: This is to clarify that the writ…


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Others

NSE v. Moneywise.com defamation case: examining the new legal standards


In an attempt to moderate the skewed power and resource balance between individual journalists/bloggers and powerful corporations (characteristic of SLAPP litigation), in relation to defamation lawsuits, the Bombay High Court through its decision in the NSE v. Moneywise Media Pvt. Ltd. case has titled the balance slightly in favour of journalists/bloggers. Though this decision has already been stayed, the standards it sets are significant to examine with respect to civil defamation. Our blog too has faced SLAPP suits: Shamnad’s Natco…


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Geographical Indication

Ooty Varkey: A cup of tea, cookies and a GI tag?


From Haleem to laddus and rasgullas, the baked buttery bites from Ooty are new entrants to GI related scrutiny in India. The Ooty Varkey Producers Welfare Association has filed an application for registration of a Geographical Indication for the ‘Ooty Varkey’ biscuits (here). As claimed, the Ooty Varkey is a biscuit unique to the Nilgiri District and its manufacture is traced to the British era. The Association claims that these biscuits deserve GI protection because they are unique to the…


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Others

Guest Post: IP conferences, judges & ethics: A presumption of bias?


Prashant Reddy has for our readers a very well worded post which addresses the issue of the general perception that judges may become bias after attending industry sponsored conferences, in a very perceptive manner. His observation of this issue provides an alternate view to an earlier post on the same issue here. Prashant is an independent IP consultant. He was an integral part of SpicyIP for many years and is a prolific writer! IP Conferences, judges & ethics: A presumption of…


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Trademark

Guest Post: Delhi HC: Officer’s Special and Collector’s Choice Deceptively Similar to Officer’s Choice


 We have for our readers a guest post by Ritvik Kulkarni. Ritvik is a third year law student, studying at ILS, Pune. He has written for us previously here.  Delhi HC: Officer’s Special and Collector’s Choice Deceptively Similar to Officer’s Choice    By Ritvik Kulkarni  In the battle brewing between whiskey manufactures, the proprietor of the mark “Officer’s Choice” has emerged a victorious. The Delhi High Court has vide its order dated 6th July 2015 dismissed the appeals of the proprietors…


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