Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court passed a detailed judgement in Madras High Court Bar Association v. Union of India last month, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (or Tribunal Rules 2020). Among other things, the decision is crucial for its observation on appointment of the Chairpersons, Vice-Chairperson and Technical Members to…

As 15 Asia Pacific Countries Sign RCEP, India Chooses to Sit Out

by Praharsh Gour November 19, 2020

Delhi HC Delivers a Blow to “Delhivery”: Rules the Mark to be Phonetically Generic; Ineligible for Statutory Benefits

by Praharsh Gour October 22, 2020

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS- Part II

by Praharsh Gour October 20, 2020

1 Comment

In the first part of this two-part post, I assessed the joint statement proposed by South Africa and India for waiver of certain key provisions of TRIPS. Following the joint statement, 379 NGOs and members of civil societies wrote to WTO, in support of the waiver. On the day of the meeting, the proposal attracted the support of a large number of developing countries and LDCs, notably Tanzania, Chad, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina,…

Wishful Thinking? Analyzing India and South Africa’s Joint Statement to Waive Key Provisions of TRIPS – Part I

by Praharsh Gour October 20, 2020

University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’

by Praharsh Gour September 22, 2020

3 Comments

For the fourth time in past two months the IPAB allowed an appeal against the order of the Controller and granted patent in favor of the appellant. The IPAB through order dated 25th August, 2020, (pdf) allowed an appeal against the Controller of Patents’ (Respondent) rejection of the University of Miami’s (Appellant) application over a pharmaceutical composition comprising “Topical Co-enzyme Q10 (CoQ 10) Formulations and Methods of use” for treatment of cancer. Among other reasons, the Controller had deemed that…

Trademark

A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine

by Praharsh Gour September 14, 2020

2 Comments

In an interesting scenario that perhaps adds to the mounting pile of evidence of ex-parte interim injunctions being problematic, the Delhi High Court on 9th September, 2020, modified an ex-parte interim injunction order after finding that the plaintiff concealed material facts during the hearing. The initial order had estopped the defendants, Sujata Electronics (defendant no. 1), its manufactures (defendants no. 2 & 4), and its dealers (defendant no. 3) from manufacturing, importing, selling any products under the mark ‘SUJATA’. And…

Mathews P. George { Dear Mrunmai Thank you for your comments. As I understand, as to check whether a mark is descriptive or not, it has to be seen in the context... }
Mrunmai Tapadia { Cutis biotech, a Nanded based firm, is marketing surface decontaminant, fruit and vegetable wash, and antiseptic products under the name ‘Covishield’. The same brand name is being used... }
Jagdish Sagar { It is certainly necessary to configure, and for the Courts to interpret, the limitations and exceptions to copyright on the basis of empirical experience, and this may be... }
{ Has the tenure of Justice Manmohan Singh been extended post December 31st 2020? }
Jagdish Sagar { Surely a viable solution to this problem would be a statutory licence for users, with suitable guidelines to the IPAB regarding fixation of the fee. Such legislation would... }

De-Coding Indian Intellectual Property Law

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions