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.

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024

/ By / Trademark

On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024. As discussed by Pragya Singh and Lakshita Handa, here, the proposed Rules are marred with inconsistencies and can surely benefit from an assessment through the principles of simplicity, rationality, accountability and accessibility. Right on the heels of their post, we are pleased to bring to you detailed comments on the Proposed Rules authored by Praharsh, Pranav, Swaraj and

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Comments on the Proposed Patent (2nd Amendment) Rules, 2024

/ By / Patent

On January 3, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the  Draft Patent (2nd Amendment) Rules, 2024 inviting public comments on the Proposed Rules. As discussed here, these hastily drafted Rules, full of typos and ambiguity, seem to enforce the amendments introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023 and proposes to set up a new mechanism to hear complaints against offences under Sections 120, 122 and 123 of the Patent Act. The deadline to

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Restrictions on E-Register and Public Search Features of the Trademarks Registry Lifted (Finally!)

/ By / Trademark

Some good news for trademark practitioners! The restriction imposed on the E-Register and the Public Search features of the Trademarks Registry’s website is finally lifted, making them accessible 24×7. As discussed here, the restriction was imposed due to an increased load on the TM application and database servers. A big thanks to one of our readers for sharing the public notice lifting this restriction, in the comments of my previous post. Readers will recall that in our Annual Review of

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Some Thoughts on the Draft Patent (2nd Amendment) Rules, 2024

/ By / Patent

[This post has been co-authored with SpicyIP Intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here.] On August 2, 2023, the extremely problematic Jan Vishwas Act, 2023 was passed by the Parliament. As highlighted by Aparajita, here and here, the amendments introduced by the Jan Vishwas Act, 2023 dilute the obligation to submit the working statement and introduce new powers for the controller to establish

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CGPDTM to Hold a Meeting Regarding the Processing of Trade Mark Applications and the TMR Portal on February 1

/ By / Others

The office of the Controller General (CGPDTM) has announced that it will be organizing a “physical” meeting in its Mumbai office on February 1, to listen to the grievances of stakeholders regarding the TMR portal and other issues concerning the processing of trademark applications. The notice for this meeting was passed on January 29 i.e. just 2 days before the proposed meeting and it does not state if the meeting can be attended virtually. (Hopefully, soon similar meetings will be

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(SpicyIP Tidbit) Nokia- Oppo SEP Litigation: The Dust (Dispute) Finally Settles!

/ By / Patent

In a major development, all the patent disputes (including the 5G SEP dispute) between Oppo and Nokia stand settled as both parties enter into a cross-licensing agreement. Though the terms of the agreement have not been made public, as reported by Sukanya Sarkar here (paywalled) the agreement brings an end to the patent disputes between the parties in Germany, France, the Netherlands, India, China, the UK and five other jurisdictions! Interestingly, as pointed out by Mathieu Klos, Nokia’s press release

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(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad 

/ By / Trademark

What if I told you that there was a way to get free prasad from the Pran Prathishta (consecration) ceremony of the Ram Temple in Ayodhya, Uttar Pradesh? Surely this question would have piqued the interest of many devotees. Many would have also come across text messages, Instagram posts stating that “Khadi Organic” was providing delivery of free prasad from the consecration ceremony against a delivery charge of merely INR 51/-. Also, chances are that many people would have confused “Khadi

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By Whom and How Are Our Patent Examiners Being Recruited? Digging Past the Recent Re-Notification of the Exams

/ By / Design, Patent

This post is co-authored with Swaraj. Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. Previously, the exams were canceled just a day after they were conducted, owing to unspecified “irregularities/ technical reasons”. Apart from the date, this time the organizers of the exams have been changed as well, with the National Testing

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SpicyIP Tidbit: India-Pakistan Basmati Dispute Dismissed by DHC

/ By / Geographical Indication, Trademark

Adding another layer of spice to the Basmati rice IP dispute between India and Pakistan, recently the Delhi High Court dismissed the 15 years old suit (pdf) against the export of Basmati rice by India, for non-prosecution from the plaintiff since 2020. As a quick background, this suit was filed seeking an injunction against the Govt. of India’s notification permitting export of “evolved” Basmati Rice under the mark “Super Basmati”. The suit was filed by Trading Corporation of Pakistan Pvt.

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SpicyIP Tidbit: DHC Observes That Evidence for Enhanced Efficacy Should Be Filed Before the Final Hearing

/ By / Patent

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. One issue that regularly pops up is the clash between filing timelines, and clinical trial data necessary to prove ‘enhanced efficacy’, as required to get by the Section 3(d) barrier. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.  Adding to judicial thought on this point, in a

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