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.

Division Bench of the Delhi High Court’s (Divisive?) Clarification on Divisional Applications

/ By / Patent

[This post has been co-authored with SpicyIP intern Sidhi Pramodh Rayudu with research assistance from Aadvika Anandal. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. Aadvika is a second year student B.A. LL.B (Hons) at NALSAR University of Law, Hyderabad.] Is “plurality of an invention” indispensable for maintaining a Divisional Application? If so, where should this invention be disclosed? After the divergent understanding of the two Single Benches of the Delhi High Court,

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SpicyIP Tidbit: Advocate Faces Music for Concocting a Fake IPAB Order!

/ By / Overlaps in IP

In December, 2022 Gaurangi wrote about a rather interesting case (Ab Mauri India Private Limited vs Vicky Aggarwal & Ors.) wherein the Delhi High Court had initiated a criminal contempt proceeding against the defendants for producing a fake IPAB order and placed the matter before the Chief Justice for reference to the appropriate division bench. Bringing the matter to a seeming end, a division bench comprising of Justice Suresh Kumar Kait and Justice Shalinder Kaur has now directed the Bar

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HULM Entertainment v.  Fantasy Sports: Reanalysing Originality, Idea-Expression Dichotomy and Copyrightability of GUIs

/ By / Copyright

[This post is co-authored with Tejaswini Kaushal with inputs from Swaraj and an anonymous reader. 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]. The ongoing copyright dispute between Hulm Entertainment (plaintiff) and Fantasy Sports (defendant), currently awaiting adjudication before the Delhi High Court throws open interesting questions on the copyrightability of nascent concepts like GUI and seeking protection

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

/ By / Patent

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

/ By / Others

[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  

/ By / Patent

[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

/ By / Geographical Indication

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

/ By / Copyright

[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

/ By / Copyright, Design, Geographical Indication, Patent, Trademark

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

/ By / Copyright

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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