Author name: Praharsh Gour

Pfizer v. Softgel: The Errors of Comity

/ By / Patent

On January 28, the Madras High Court passed an order related to an ongoing patent dispute in the United States. The dispute concerned Cipla’s and Zenara (Hikma)’s ANDA applications seeking approval to market their generic versions of Vyndamax (tafamidis), a drug used to treat transthyretin amyloid cardiomyopathy (ATTR-CM), in the US. Pfizer, the petitioner, argued before the US District Court, Delaware that the ANDA applications infringed its US patent. To further prove its allegation Pfizer requested the Court to issue […]

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New Age Office? CGPDTM To Move from Mumbai to Delhi 

/ By / Patent, Trademark

After a furor on social media platforms, the Commerce Minister has clarified that the seat of the CGPDTM is being shifted from Mumbai to New Delhi. After the move, the Mumbai office will still have the existing regional trademark and patent offices. Leaving the political banter behind this announcement aside, it is worrisome that such important announcements are made over social media platforms instead of the official website. The document about this move, which is being flouted around in social

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CGPDTM to Fund Law Students Participating in any International IP Moot Court Competitions: Commerce Minister Piyush Goyal

/ By / Event, Opportunities

In a major, and very interesting development for law students, the Commerce and Industry Minister Mr. Piyush Goyal announced that the CGPDTM will sponsor Indian law students selected for any IP moot court competition “anywhere in the world”. This announcement was made yesterday in the inaugural ceremony of Vidhi Pragati: National IP Moot Court Competition, 2025, organized by DPIIT in collaboration with CIIPC and IPR Chair, NLU Delhi (see video here). The move enabling law students to participate in moot

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Understanding Auxiliary Claims and Where They Come From 

/ By / Patent

A term that has of late frequently popped up in patent orders by the Indian Court without much explanation is “auxiliary claims”. Most recently, such claims were filed before the Delhi High Court (Immunolight v. Controller) (pdf), where the Court directed the Patent Office to hear the matter afresh in light of the auxiliary claims filed by Immunolight. For the uninitiated, the auxiliary claims refer to an alternative set of claims filed by the applicant when the main/ original set

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Is One Nation One Subscription A Panacea for the Gap in Widespread Access to Knowledge?

/ By / Copyright, Innovation

[This post is co-authored with SpicyIP intern Shravya Pandre. Shravya is a third year BA.LLB. Hons. student at The National Academy of Legal Studies and Research, Hyderabad.]  By now most of our readers would have heard about the ambitious “One Nation One Subscription” (ONOS) initiative of the government. Approved on November 25 by the Union Cabinet, the momentous initiative aims to ensure access to scholarly works to nearly 1.8 Crore students, faculty members, researchers, and scientists (including the ones in

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A Closer Look at the Patent Stats from WIPO’s 2024 IP Indicator

/ By / Patent

Recently, WIPO published its 2024 IP Indicator, capturing the trends in the global IP filing and their administration. The 2024 Indicator focuses on the developments from 2023 and compares it with the figures from 2022. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime.  India Specific Figures More Applications and More Grants   The biggest highlight

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Delhi High Court Clarifies that the Obligation to Serve Counter Statement Does Not Fall on the Applicant (Sun Pharma v. Dabur)

/ By / Trademark

Trademark lawyers in India can breathe a sigh of relief after an important clarification by the Delhi High Court regarding the duty to serve counter statements under the Trademarks Act. Recently, the Court accepted a review application (pdf) by the Intellectual Property Attorneys’ Association against the judgement passed in Sun Pharma v. Dabur India, wherein the Court had seemingly imposed the obligation to serve a Counter Statement to the Opponent, on the Applicant, instead of the Registrar. In the impugned

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SpicyIP Tidbit: Delhi High Court Directs to Auction “Fortis” Trademark in the Daiichi-Ranbaxy Dispute

/ By / Trademark

In a fresh twist to the Daiichi-Ranbaxy saga, the Delhi High Court on October 29 directed (pdf) to auction the “Fortis” trademark to recover a part of the INR 4900 crore owed to Daiichi by the judgement debtors in the aftermath of the 2016 arbitral award (originally, as reported here, INR 3500 crores were awarded to Daiichi). The arbitral tribunal had held that the Ranbaxy promoters, Malvinder Singh and Shivinder Singh, had fraudulently misrepresented and concealed material facts about the

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Subjecting Free Speech to “Hero Worship”? Delhi High Court Passes Overbroad Injunction Order in Vishnu Manchu Case

/ By / Privacy, Trademark

[This post is co-authored with SpicyIP Intern Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Long post ahead.]  In a short order, both in length and (unfortunately) in reason, the Delhi High Court on October 1 granted an overbroad dynamic style interim injunction (pdf) to the Telugu film actor Vishnu Manchu (the plaintiff)

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Claim Amendments Must Adhere to the Scope of Last Amended Claims, Clarifies the Controller

/ By / Patent

In an important order concerning claim amendments, the Controller has recently ruled that any new amendments to the claims cannot exceed the scope of the lastly amended claims. The decision was passed by Dr. S. P. Subramaniyan and concerned the patent application number 9790/ CHENP/ 2011 filed by M/s. Nippon Shinyaku Co. Ltd.  Here, the applicant originally filed 11 claims, with claims 1-3 related to crystal forms I, II, and III; claims 4-8 related to composition/product; and claims 9-11 related

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