Author name: Praharsh Gour

Praharsh Gour is an Editor and Researcher at SpicyIP, where he writes on developments in intellectual property law, innovation policy, and international trade. His work focuses on the intersection of IP and international trade, particularly the realpolitik implications of global IP enforcement for the Global South, including questions of access, regulatory governance, and institutional reform. He holds a B.A. LL.B. (Hons.) from Hidayatullah National Law University and a Master’s degree from South Asian University. Prior to joining SpicyIP, he worked as a Senior Research Fellow at the Directorate General of Trade Remedies (DGTR), Ministry of Commerce and Industry, where he assisted in matters concerning countervailing duties, antidumping, and safeguard investigations.

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

/ By / Trademark

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

/ By / Trademark

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

/ By / Patent

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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SpicyIP Weekly Review (November 29- December 5)

/ By / Opportunities, Patent, Plant Variety Protection, Publication, Trademark

We bring you a number of IP updates this week!  This time we have quick summaries of 2 blogposts and 2 opportunities, followed by case summaries of 30 court orders and decisions and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights  of the Week SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts. We discussed

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Never Gonna Give You Up? Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts

/ By / Patent

On November 4th, the Madras High Court directed the restoration of two previously ‘deemed abandoned’ patent applications as well as the completion of examination of these restored applications within 6 months. The order, Chandra Sekar v. Controller of Patents and Designs (pdf), appears to be picking up on the not infrequent situations of applications being ‘deemed abandoned’ after apparent negligence from the applicant’s patent agent.  In this case, the applications were ‘deemed to be abandoned’ due to delay in filing

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SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts

/ By / Copyright, Design, Geographical Indication, Patent, Trade Secret, Trademark

Recently it was announced that a new roster of judges will take charge of the Delhi High Court’s Intellectual Property Division (IPD), with effect from November 28, 2022 (pdf). The new roster shall comprise Justice C. Hari Shankar, Justice Sanjeev Nirula and Justice Amit Bansal and will take over the division from Justice Prathiba M. Singh, Justice Navin Chawla and Justice Jyoti Singh. The earlier roster was effective from July 4, 2022.  IPD, Delhi High Court was formed on the

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Spicy IP Weekly Review (November 22- November 28)

/ By / Copyright, Drug Regulation, Geographical Indication, Patent, Trademark

It’s been another IP heavy week for the Indian IP landscape! Here is the last week’s review, discussing the 5 posts published on the blog along with summaries of 16 IP cases from Delhi High Court and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights of the Week Copyright and Classical Music: Not the Best Fusion? Akshat

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Forzest v. Folzest: DHC’s Quest for Setting the Balance Right

/ By / Trademark

A few days ago, Aparajita highlighted the need for a cautious approach by our courts while deciding on interim injunction applications in trademark disputes surrounding medicinal products. She discussed the underlying public health argument in such matters, which courts have frequently overlooked. However, the recent Delhi High Court order in Sun Pharma v. DWD Pharmaceuticals, confirming an ex parte interim injunction on account of public interest, presents a case that may fall on the other side of this spectrum. Despite

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Spicy IP Weekly Review (November 16- November 21)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

Here is our weekly review containing briefs of posts from the past week, 22 case summaries, and a few national and international IP developments. Do let us know in case you think we missed out on anything!       Highlights of the Week Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Aparajita writes about the need of higher scrutiny while comparing competing marks in pharmaceutical products for similarity and confusion. She highlights that despite an order from the Supreme

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SpicyIP Weekly Review (November 8-November 15)

/ By / Copyright, Design, Patent, Trademark

We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. Did we miss anything big? Let us know in the comments below!   Highlights of the Week Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders In this post, Nikhil analyses the recent decision

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