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.

India Accelerates in the Patent Race: But Is There a Pot of Gold at the End of the Rainbow?

The World Intellectual Property Organization (WIPO) recently published its annual World IP Indicators for the year 2023, detailing the different trends in the filing of IP applications and the subsequent grants by IP offices across different jurisdictions. In this short post, I’ll take a look at the India-specific figures in terms of patent filings, grants, and procedural data about the Indian Patent Office.  Countries with Highest Applications and Grants  But before we get to India, let’s take a look at […]

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Division Bench of Delhi High Court: IP Suits No Longer to Automatically Be Listed Before Commercial Courts

[This post is co-authored by with Swaraj Paul Barooah. The authors would like to thank Aditya Gupta for his input. Views remain those of the authors’ alone.] In a major development bound to impact IP litigation in Delhi, a Division Bench (DB) of the Delhi High Court in Pankaj Ravjibhai Patel v. SSS Pharmachem Pvt. Ltd overruled the Single Judge’s key directions in Vishal Pipes Ltd. v. Bhavya Pipe Industry. To quickly recap, the Vishal Pipes judgement directed that all

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Delhi High Court Directs Maharaja to Pay a King’s Ransom in a Patent Infringement Suit  

[This post has been co-authored with Swaraj Paul Barooah]. Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. (the defendant) to pay upwards of 81 lakhs (INR 81,44,925 to be precise) as damages to Strix Ltd. The decision is important on three counts- First, it is perhaps one of the rare decisions where the court has computed notional damage on a “reasonable royalty basis”; Second, it is one of

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Draft Rules for Geographical Indications Published, Comments Invited by November 19

The Ministry of Commerce and Industry (MoCI) published 2023 Draft Amendments to the Geographical Indication Rules 2002, in the Gazette of India on October 20, inviting objections and suggestions from the relevant stakeholders. The draft also calls for comments from stakeholders within 30 days of its publication in the Gazette. The Department for Promotion of Industry and Internal Trade (DPIIT) and the Controller General of Patent, Designs and Trademark (CGPDTM) announced it on their website on October 27, 2023 i.e.

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Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services

[This post is co-authored with Swaraj and SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Can Over-The-Top (OTT) Streaming platforms be afforded the same legal protections for broadcasting as conventional mediums? After being answered in the negative by a single judge bench of the Bombay High Court in 2019, this question was once again answered in the

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Deadline to File Comments/ Suggestions on IP Manuals Extended till November 15, 2023

A few days after the October 15th deadline to submit comments/ suggestions to the office of the Controller General of Patents, Designs and Trademarks (CGPDTM) for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines, the CGPDTM has extended the deadline by a month making November 15th as the new deadline to submit these comments. The relevant links to the present manuals and guidelines are given below:- For a quick background reading on some of the

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Chancery Pavilion v. Indian Performing Rights Society Ltd: Karnataka High Court’s Problematic Finding on Section 60 Suits

This post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Her previous posts can be accessed here. Readers would recall that in the past we have written about Government notifications stressing on the menace caused by the threats of legal proceedings (see here and here). Section 60 of the Copyright Act is

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Is There More Than Meets the Eye? Delhi High Court and the Recent Section 124 Dilemmas

[The post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Her previous posts can be accessed here.] Recent orders by the Delhi High Court in Nadeem Majid Oomberbhoy v. Gautam Tank and Anr. and Mr. Amrish Aggarwal Trading as M/s Mahalaxmi Product v. M/S Venus Home Appliances Pvt Ltd, delivered by Justice C. Hari Shankar, have spurred debate and discussion around the application and

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Only 6 More Days to File Comments/ Suggestions on IP Manuals and Guidelines!

A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier, CGPDTM has invited comments from the interested stakeholders by October 15, 2023. The relevant links to the present manuals and guidelines are given below:- As explained in the above post, these manuals and guidelines are paramount owing to their role in the implementation of the

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A Deeper Look into the Humans of Bombay and People of India Fiasco

[This post has been co-authored with Swaraj and Nivrati Gupta. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. Long post ahead.] The Delhi High Court recently in Humans of Bombay v People of India granted an interim relief to ‘Humans of Bombay’ (HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the

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