Author name: Praharsh Gour

DHC’s IPD Annual Report a Positive Step for Transparency – Here’s How It Could Go Further

/ By / Others

To mark the occasion of World IP Day on 26th April 2023, the Delhi High Court’s IP Division (IPD) released its annual report for 2022-23, detailing the progress made by it in the past 1 year. Released after a few months from the date of IPD’s 1st anniversary i.e. 28th February 2023, the report is full of interesting comments from the Judges of the IPD and the members of the IP Bar and has a dedicated chapter summarizing the key …

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Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

/ By / Patent, Trademark

On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here, here, here, here and here) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objection, rejecting …

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Music to Many Ears! Bombay High Court Passes a Landmark Order Recognizing the Right to Receive Royalties by Authors of Underlying Works

/ By / Copyright

[Long post ahead]  In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd and Indian Performing Rights Society Ltd. v. Music Broadcast Ltd. (pdf) and clarified that post the 2012 amendment, communication of a sound recording to the public …

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Rectifying Problematic Interim Injunctions: A Discussion on the Bombay High Court’s DB Decision in  Tri-Parulex v. CTR Manufacturing Industries

/ By / Patent

In perhaps a rare sighting, the Bombay High Court Division Bench’s recent order in Tri-Parulex Fire Protection System v. M/s. CTR Manufacturing Industries Private Limited (DB order) shows a lucid and crisp analysis of the three factors test for interim injunction in a patent related dispute. Readers will recall that unreasoned interim injunction orders have been discussed extensively on the blog (see here, here, here and here) wherein different authors have highlighted the risks associated with these unreasoned orders and …

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Done, so Dusted? Discussing the Relevance of the Responses Filed Against FERs Issued by Trademark Registry

/ By / Trademark

Riddle me this, what is something that, despite cited similar marks, helps you get a trademark right; But is not relevant later unless the cited mark puts up a fight? Well, according to the Delhi High Court’s judgement in Under Armour INC v. Aditya Birla Fashion & Retail Ltd., it’s the reply to the first examination report (FER) filed by the Plaintiff. Let’s back up a little. The dispute in the present case was around the adoption of the marks …

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Madras High Court Notifies Intellectual Property Division Rules, 2022 

/ By / Others

In a huge development for IP community, the Madras High Court Intellectual Property Division Rules, 2022 have been notified in the official gazette dated April 5, 2023 (pdf). The current notification comes after the directions of the Court to notify the inauguration of the IP Division in  Galatea Limited v. Registrar General, High Court of Judicature of Madras (see posts here and here), making it the second Court in the country to have an IP Division, after the Delhi High …

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Bombay High Court Grants (the First?) Section 32 License to Translate a Literary Work in Marathi

/ By / Copyright

March is a remarkable month for history and literature buffs because of the whole “ Beware of the ides of March” thing. But IP nerds will specifically remember that eleven years ago, in March 2012, India’s first compulsory license was granted by the Indian Patent Office against Bayer’s Nexavar. One year later, in March 2013 the compulsory license order was upheld by the IPAB in a landmark ruling by the then Chairperson, Justice Prabha Sridevan. And now after 10 years …

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Jab We Met (if at all): Do Patent Oppositions and Examination Run on a Parallel track? Delhi High Court to Examine

/ By / Patent

In yet another Natco-Novartis matter before the Delhi High Court, a couple of very interesting issues have arisen. While the dispute has been ongoing since 2016, the post will mostly focus on the January 2023 order. One of the issues addressed in the order was regarding the question of whether opposition proceedings are adversarial or do they run on a parallel track with the examination of an application. And the other is whether the patent in question, titled pharmaceutical combinations …

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IPD for Madras High Court! The Court Directs the State Government to Notify the Rules Within 1 Week

/ By / Others

Last month, Lokesh wrote about the Madras High Court order in Galatea Limited v. Registrar General, High Court of Judicature of Madras, where the court directed the government to notify the inauguration of the Intellectual Property Division (IPD). In a huge development, the court in the case has directed (pdf) the government to notify the IPD Rules except with the rule related to court fees, within 1 week from the receipt of the order, to much relief of IP practitioners …

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Lookin’ for the Reason: Delhi High Court Comes Down Heavily on the IPO for Lack of Reasons in its Order

/ By / Patent

[This post is co-authored with Swaraj Paul Barooah] Various authors on this blog have repeatedly pointed out the lack of proper reasoning in patent orders, both from courts (see here) as well as from the patent offices (see here). This issue has also been pointed out by courts recently (see here, here and here). A few days ago, Justice Hari Shankar of the Delhi High Court came out with probably the strongest indictment of this practice. In Dolby International v. …

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