Author name: Praharsh Gour

Spill the Tee M: Discussing the Delhi High Court’s Order on Transborder Reputation in Toyota v TechSquare

/ By / Trademark

[This post has been co-authored with SpicyIP Intern Hiranya  Bhandarkar. Hiranya is a fourth-year law student at the School of Law, Bennett University. Her areas of interest are Intellectual Property Laws, Data Privacy Laws and Company Law.] In December 2017, the Apex Court in Toyota v Prius Auto Industries, set the standard of claiming transnational reputation in a mark backed by adequate evidence. In what may seem like a deja vu for Toyota, 5 years after the Supreme Court’s order, …

Spill the Tee M: Discussing the Delhi High Court’s Order on Transborder Reputation in Toyota v TechSquare Read More »

Needs No Fixing if it’s Not Broken: Delhi High Court Refused to Import Provisions of Original Side Rules in the IPD Rules for the Consequences of a Delayed Rejoinder

/ By / Others

Recently, Ishant wrote on the Delhi High Court’s broad interpretation of the term “leaving with the registrar” under the Trademark Rules and the timeline of filing documents before the Registry. In a similar vein, the question of adhering to a prescribed timeline recently popped up before the IPD too. In Vinay Kumar GB v. Sudhir Kumar and Anr., the Delhi High Court passed an order clarifying that the time limit of 30 days to file a rejoinder prescribed under Rule …

Needs No Fixing if it’s Not Broken: Delhi High Court Refused to Import Provisions of Original Side Rules in the IPD Rules for the Consequences of a Delayed Rejoinder Read More »

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

/ By / Patent

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 …

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

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

/ By / Others

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 …

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

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

/ By / Trademark

[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 …

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

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

/ By / Patent

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 …

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

SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations

/ By / Patent, Trademark

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 …

SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations Read More »

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

/ By / Others

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 …

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

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

/ By / Patent

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 …

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

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 …

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

Scroll to Top