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.

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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Leaked Draft of IP Chapter of India UK FTA Shows Ridiculous TRIPS plus norms in Negotiating Text

/ By / Copyright, Drug Regulation, Patent, Trade Secret, Trademark

India’s negotiations for a new Free Trade Agreement (FTA) with the UK has been the talk of the town for a better part of 2022. From the widely popularized Diwali deadline, agreed by Prime Minister (s) Modi and Johnson, to the controversial comments by the UK Home Secretary Braverman on Indians overstaying their visas, the FTA negotiations have constantly been in the news. However, in the surrounding talk of progress and supposed benefits of the FTA, coverage of contentious issues

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Despite Expert’s Submissions No Clarity on Section 52(1)(za) of Copyright Act, as Parties Settle!

/ By / Copyright, Others

In May, 2022, we reported that the Delhi High Court appointed Prof. Arul Scaria, under Rule 31 of the IP Division Rules 2022, as an expert in a copyright dispute, for assistance in interpreting the nuances of Section 52(1)(za) of Copyright Act. Now after almost five months since the appointment, the Court has passed an order (pdf) stating that the parties to the dispute have settled the matter out of court. (Note: I couldn’t find a record of the terms

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State’s Inaction, Petitioner’s Death Makes Kerala High Court to Take Suo Moto Cognizance of Ribociclib’s Unaffordability

/ By / Others, Patent

Recently, the Kerala High Court took suo moto cognizance of a drug’s unaffordability, following the unfortunate passing away of the petitioner who had earlier made a pleading for the government to use the Patent Act levers to curb the rising prices of a life-saving drug (pdf). The drug in question here is Ribociclib, which is available under the brand name(s) Kisqali (in the USA) and Kryxana (in India) and is used to treat certain kinds of breast cancer. The Court

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Fixing Pre grants: Will the EAC suggestion to fix time limit help?

/ By / Others, Patent

Recently, the Economic Times reported that the Economic Advisory Council to the Prime Minister (EAC) suggested two ways to fast track the process of granting patents. First, it suggested hiring more examiners, an issue we have previously raised alarm about here and here. However, it’s the second suggestion, to limit the timeline for filing pre-grant opposition to 6 months, which has been making quite a few rounds in the media  (see for instance here and here). These suggestions were apparently

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