Author name: Praharsh Gour

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 […]

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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

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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

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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

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SpicyIP Tidbits: Delhi High Court Imposes Humongous Costs on Habitual Cybersquatter 

/ By / Trademark

In a case concerning allegations of trademark infringement by cybersquatting and passing off,  Delhi High Court imposed damages worth a whopping INR 2 Crores on the Defendant! The Defendant, one Namase Patel, was alleged to possess hundreds of domain names with deceptively similar domains- addobe.com and adobee.com. Furthermore, it was alleged that the defendant uses a catch-all function that enables them to have access to all the emails where the domain name of the recipient is misspelled. The plaintiff also

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Delhi High Court’s Decision Discussing Doctrine of Equivalents: An Exhaustive but Blinkered Exercise?

/ By / Patent

Concluding Round 2 of the FMC- Natco CTPR litigation saga, a Division Bench of the Delhi High Court refused to interfere with the Single Judge’s order which had allowed Natco to launch its variant of CTPR. In doing so the court discussed ‘doctrine of equivalents’, relying extensively on foreign precedents. The doctrine is a contribution of American IP jurisprudence, which states that minor, colorable changes to a product, to avoid “literal” infringement, will still amount to an infringement if the

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SpicyIP Weekly Review (November 29- December 5)

/ By / Opportunities, Patent, Plant Variety Protection, Publication, Trademark

We bring you a number of IP updates this week!  This time we have quick summaries of 2 blogposts and 2 opportunities, followed by case summaries of 30 court orders and decisions and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights  of the Week SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts. We discussed

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Never Gonna Give You Up? Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts

/ By / Patent

On November 4th, the Madras High Court directed the restoration of two previously ‘deemed abandoned’ patent applications as well as the completion of examination of these restored applications within 6 months. The order, Chandra Sekar v. Controller of Patents and Designs (pdf), appears to be picking up on the not infrequent situations of applications being ‘deemed abandoned’ after apparent negligence from the applicant’s patent agent.  In this case, the applications were ‘deemed to be abandoned’ due to delay in filing

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SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts

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

Recently it was announced that a new roster of judges will take charge of the Delhi High Court’s Intellectual Property Division (IPD), with effect from November 28, 2022 (pdf). The new roster shall comprise Justice C. Hari Shankar, Justice Sanjeev Nirula and Justice Amit Bansal and will take over the division from Justice Prathiba M. Singh, Justice Navin Chawla and Justice Jyoti Singh. The earlier roster was effective from July 4, 2022.  IPD, Delhi High Court was formed on the

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Spicy IP Weekly Review (November 22- November 28)

/ By / Copyright, Drug Regulation, Geographical Indication, Patent, Trademark

It’s been another IP heavy week for the Indian IP landscape! Here is the last week’s review, discussing the 5 posts published on the blog along with summaries of 16 IP cases from Delhi High Court and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights of the Week Copyright and Classical Music: Not the Best Fusion? Akshat

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