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.

SpicyIP Tidbit: Non-Working will not Work: Delhi High Court’s Inquisitorial Assessment of Interim Injunctions 

/ By / Patent

Those familiar with IP litigation in India would know the significance of obtaining an interim injunction since that “interim” period is often so long that it can end up having significant commercial value as well! And while there have been numerous instances where the courts have looked past their obligations to pass reasoned orders while granting interim relief, I recently came across an interesting order from the Delhi High Court where the court denied the relief which the plaintiff was

SpicyIP Tidbit: Non-Working will not Work: Delhi High Court’s Inquisitorial Assessment of Interim Injunctions  Read More »

A Division Bench Stays the Directions in the Vifor v. MSN Labs ‘Product by Process Claims’ Order

/ By / Patent

On 24 July, 2023 the Delhi High Court had passed a detailed order in Vifor v. MSN Laboratories, reading Process by Product patent claims within the Indian patent regime. Explaining the nitty gritty of these types of claims, the court refused to grant an injunction to Vifor (the plaintiff) and allowed the defendants to launch their products in the market. Merely 17 days later, a Division Bench of the High Court has now placed a stay (pdf) on the operation

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Trademark Registry Files Latest Data on Oppositions Before the Delhi High Court

/ By / Trademark

Data on the pendency and disposal of applications and oppositions are extremely crucial to understand the effectiveness of the Indian Patent Office and the Trademarks Registry. But accessing the latest data on the performance of these institutions has been a herculean task. Leaving aside the fate and quality of responses to RTI applications seeking this information (discussed extensively here), the Annual Reports of the Controller General’s office, presumably carrying all the necessary data, are uploaded on a yesteryear basis. So,

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SpicyIP Tidbit: Law Student Claiming Copyright Infringement Gets an Interim Injunction Against 2 Law Asst. Professors

/ By / Copyright

Ask anyone in academia what’s their worst nightmare. And probably, they’ll respond by saying “plagiarism.” Many face it, but only seldom do we hear stories where someone does something about it. Sharing one fascinating story here, a law student sued a law college, two of its professors and the editor of a journal alleging copyright infringement. The suit was instituted by Aathira Mannath A. (plaintiff), who alleged that earlier in 2023, she had participated in the “Global Jural Conclave 2023”

SpicyIP Tidbit: Law Student Claiming Copyright Infringement Gets an Interim Injunction Against 2 Law Asst. Professors Read More »

It’s a Product Patent… It’s a Process Patent… It’s Product-by-Process Patent!

/ By / Patent

In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. v. MSN Laboratories Pvt. Ltd and anr. With this order the court disposed of different interim applications filed in 4 suits (three suits were filed by Vifor and Emcure against MSN Labs, Dr. Reddy Labs and Corona Remedies Pvt. Ltd. and the fourth one was filed by Virchow Biotech against Vifor), and refused to grant an

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Hollow Victory? Delhi High Court Says Patents Act Supersedes Competition Act, with Shaky Reasons

/ By / Patent

[Long Post ahead] Who wins in a conflict between the Competition Act and the Patents Act? That’s been the central bone of contention in two big disputes for almost a decade now. In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 (Ericsson v. CCI) and then again in 2020

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Who’s Filing These Patents, and Are They Working Alright? Looking at the Data from the IPO Annual Reports

/ By / Patent

[This post is co-authored with Swaraj Paul Barooah and Anshuman Kar. Anshuman, a SpicyIP intern, is a third year law student at National Law University, Odisha.] As per the data in the 2021-22 IP India Annual Report, a total of 66,440 applications were filed in India, which is 7,937 applications more than the last year’s filings (58,503). Appreciating the trend of rising patent applications and eventual grants, last year the Minister of Commerce lauded the efforts of the DPIIT in “strengthening”

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CGPDTM to Recruit 553 Patent and Designs Examiners via QCI

/ By / Patent

Starting the day with some good news, the office of Controller General of Patent Designs and Trademarks (CGPDTM) has issued a notification for recruiting 553 Patent and Designs Examiners! However, it will be done via the Quality Council of India – more details on that later below. Those familiar with the Indian IP administration will know that an inadequate workforce is a systematic challenge that has plagued the functioning of the Indian patent office and the office of CGPDTM, generally,

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Results for Patent and Trademark Agent Exams Are Out!!!

/ By / Patent, Trademark

The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice. Of these, 103 applicants have passed the exam.  With regard to the Patent Agent Exam, of 5695 candidates who appeared for the examination, 716 had earlier qualified for the viva voice. Of these, 529 applicants have cleared the exams.  While congratulations

Results for Patent and Trademark Agent Exams Are Out!!! Read More »

DHC IPD Roster Revision: Benches of Justice Prathiba M. Singh and Justice C. Hari Shankar to Function as the DHC IPD 

/ By / Others

Delhi High Court’s Intellectual Property Division sees the return of Justice Prathiba M. Singh to the roster who will now take charge of the division, along with Justice C. Hari Shankar. In a notification dated June 26, 2023 (pdf), it is stated that the new roster will be operational from July 3, 2023, and the matters which will be heard by the IPD will be assigned by the Judge In-Charge (Original Side), Justice Yogesh Khanna.  The roster for the IPD

DHC IPD Roster Revision: Benches of Justice Prathiba M. Singh and Justice C. Hari Shankar to Function as the DHC IPD  Read More »

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