Patent

Delhi High Court Imposes Costs worth INR 2 Cr. for Disobeying Interim Injunction


Delhi High Court came down heavily on Triveni Interchem Pvt. Ltd (Triveni) in a recent order (Pfizer v. Triveni) and imposed costs worth whopping 2 Crores on it for “wilful and contumacious disobedience” of the interim injunction order dated 21st October 2021, whereby the court had restrained Triveni from manufacturing and selling Palbociclib. The Crime  Pfizer moved an application under Order 39 Rule 2A alleging that despite the injunction, Triveni was selling Palbociclib in different packaging. Triveni asserted that they…


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Others

SpicyIP Tidbit: Supreme Court translates 1091 judgments into regional languages on Republic Day


Today India marks the 74th year since it adopted the Constitution and identified itself as a “Republic”! This day celebrates the ability of our nation, bogged by colonial setup, to overcome the past and establish itself as the largest democracy in the world with perhaps the most diverse population. In a very positive step towards acknowledging this vast diversity, the Chief Justice of India, Justice D. Y. Chandrachud announced that the Supreme Court would be making available 1091 judgments in…


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Trademark

The Buck Stops At Freedom Of Expression: Delhi High Court Clarifies The Situation On Disparagement In Case Of Generic Comparison 


[This post has been co-authored with our SpicyIP intern Ananya Dutta. Ananya is a 4th year student pursuing B.A LL.B (Hons.) from the Institute of Law, Nirma University.] In an extremely detailed order in Zydus Wellness Products Ltd. V. Dabur India Ltd., concerning the issue of comparative advertising and disparagement, the Delhi High Court held that “an advertiser ought to have the freedom to make advertisements with generic comparison highlighting the features of its own product..” thereby giving leeway to…


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Patent

SpicyIP Tidbit: IPO Cannot Introduce New Objections During a Hearing, holds Delhi High Court


Of late we have witnessed multiple orders (see here, here and here)  from different High Courts wherein the courts, without touching on the merits of the case, have clarified the expectations from the orders of the Indian Patent Office (IPO). Usually, these orders concerned the lack of appropriate reasons and justifications in part of the IPO, while rejecting a patent application. In this tidbit, we shall discuss another order from the Delhi High Court where the court has asserted the…


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Patent Trademark

SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations


IP developments in 2023 kick off with the Office of Controller General of Patents, Designs and Trademarks (CGPDTM)’s re-notification of the Trademarks and Patent Agents Examinations. While the Patent Agent Examination has been last conducted in 2022, after a 4 years gap due to COVID-19,  it is reported that the Trademarks Agent Exam is being held after a gap of 10 years! The previous notice, published in November 2022, stated that both examinations were scheduled for 7th May, 2023. However…


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Others

A Look Back at India’s Top IP Developments of 2022


This post has been co-authored with Gaurangi Kapoor, Ishant Jain and Swaraj Barooah  Wishing our readers a very happy and healthy new year! In line with our annual tradition, we take stock of the top IP developments that occurred in 2022. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments, and d)  Other IP Developments The decisions…


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Patent

SpicyIP Tidbit: Indian Patent Office Comes Up with Revisions Fixing Durations of Adjournments Among Other Things


The pendency of oppositions and applications before the Indian Patent Office is an issue about which we have written extensively in the past (see here, here and here). Unclear timelines to adjudicate on, multiple adjournments by the parties contribute immensely in the soaring number of pending patent applications. (indicatively see here for Namratha’s post on DHC order repudiating a party for seeking repeated adjournments and not filing the written statements timely.) In order to improve the situation, the Indian Patent…


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Trademark

Delhi High Court Directs the Trademarks Registry to Transfer 5 Rectification Applications


Last month Delhi High Court in Jumeirah Beach Resort Llc vs Designarch Infrastructure Pvt Ltd., directed the Trademarks Registry to transfer five pending rectification applications to it. While the court itself identified that there is no provision within the Trademarks Act that authorizes it to pass such an order, it nonetheless saw “no difficulty in directing the said transfer.” The court justified this on two grounds- 1) If the Registrar of the Trademark can ‘refer’ the matter to the court…


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Trademark

SpicyIP Tidbits: Delhi High Court Imposes Humongous Costs on Habitual Cybersquatter 


In a case concerning allegations of trademark infringement by cybersquatting and passing off,  Delhi High Court imposed damages worth a whopping INR 2 Crores on the Defendant! The Defendant, one Namase Patel, was alleged to possess hundreds of domain names with deceptively similar domains- addobe.com and adobee.com. Furthermore, it was alleged that the defendant uses a catch-all function that enables them to have access to all the emails where the domain name of the recipient is misspelled. The plaintiff also…


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Patent

Delhi High Court’s Decision Discussing Doctrine of Equivalents: An Exhaustive but Blinkered Exercise?


Logo of FMC

Concluding Round 2 of the FMC- Natco CTPR litigation saga, a Division Bench of the Delhi High Court refused to interfere with the Single Judge’s order which had allowed Natco to launch its variant of CTPR. In doing so the court discussed ‘doctrine of equivalents’, relying extensively on foreign precedents. The doctrine is a contribution of American IP jurisprudence, which states that minor, colorable changes to a product, to avoid “literal” infringement, will still amount to an infringement if the…


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