Author name: Praharsh Gour

Forzest v. Folzest: DHC’s Quest for Setting the Balance Right

/ By / Trademark

A few days ago, Aparajita highlighted the need for a cautious approach by our courts while deciding on interim injunction applications in trademark disputes surrounding medicinal products. She discussed the underlying public health argument in such matters, which courts have frequently overlooked. However, the recent Delhi High Court order in Sun Pharma v. DWD Pharmaceuticals, confirming an ex parte interim injunction on account of public interest, presents a case that may fall on the other side of this spectrum. Despite […]

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Spicy IP Weekly Review (November 16- November 21)

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

Here is our weekly review containing briefs of posts from the past week, 22 case summaries, and a few national and international IP developments. Do let us know in case you think we missed out on anything!       Highlights of the Week Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Aparajita writes about the need of higher scrutiny while comparing competing marks in pharmaceutical products for similarity and confusion. She highlights that despite an order from the Supreme

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SpicyIP Weekly Review (November 8-November 15)

/ By / Copyright, Design, Patent, Trademark

We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. Did we miss anything big? Let us know in the comments below!   Highlights of the Week Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders In this post, Nikhil analyses the recent decision

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Leaked Draft of IP Chapter of India UK FTA Shows Ridiculous TRIPS plus norms in Negotiating Text

/ By / Copyright, Drug Regulation, Patent, Trade Secret, Trademark

India’s negotiations for a new Free Trade Agreement (FTA) with the UK has been the talk of the town for a better part of 2022. From the widely popularized Diwali deadline, agreed by Prime Minister (s) Modi and Johnson, to the controversial comments by the UK Home Secretary Braverman on Indians overstaying their visas, the FTA negotiations have constantly been in the news. However, in the surrounding talk of progress and supposed benefits of the FTA, coverage of contentious issues

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Despite Expert’s Submissions No Clarity on Section 52(1)(za) of Copyright Act, as Parties Settle!

/ By / Copyright, Others

In May, 2022, we reported that the Delhi High Court appointed Prof. Arul Scaria, under Rule 31 of the IP Division Rules 2022, as an expert in a copyright dispute, for assistance in interpreting the nuances of Section 52(1)(za) of Copyright Act. Now after almost five months since the appointment, the Court has passed an order (pdf) stating that the parties to the dispute have settled the matter out of court. (Note: I couldn’t find a record of the terms

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State’s Inaction, Petitioner’s Death Makes Kerala High Court to Take Suo Moto Cognizance of Ribociclib’s Unaffordability

/ By / Others, Patent

Recently, the Kerala High Court took suo moto cognizance of a drug’s unaffordability, following the unfortunate passing away of the petitioner who had earlier made a pleading for the government to use the Patent Act levers to curb the rising prices of a life-saving drug (pdf). The drug in question here is Ribociclib, which is available under the brand name(s) Kisqali (in the USA) and Kryxana (in India) and is used to treat certain kinds of breast cancer. The Court

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Fixing Pre grants: Will the EAC suggestion to fix time limit help?

/ By / Others, Patent

Recently, the Economic Times reported that the Economic Advisory Council to the Prime Minister (EAC) suggested two ways to fast track the process of granting patents. First, it suggested hiring more examiners, an issue we have previously raised alarm about here and here. However, it’s the second suggestion, to limit the timeline for filing pre-grant opposition to 6 months, which has been making quite a few rounds in the media  (see for instance here and here). These suggestions were apparently

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A meme about UNO where in one picture the card says "Come up with a robust and prompt solution to the IP challenges during the Pandemic or draw 25" and in next picture the player is holding 25 cards.

WTO Decides on the Access to COVID-19 Vaccines: Is Late as Good as Never? 

/ By / COVID-19, Patent

[This post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is an attorney at IRA Law and a former Senior Resident Fellow at Vidhi. Rahul is a Rhodes Scholar (2018) and has worked as a law clerk for Justice D. Y Chandrachud (2020-21). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here. Views expressed in the post are personal] Since the TRIPS waiver was

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Breaking: 12th WTO Ministerial Conference concludes with a Draft Decision on TRIPS (waiver?)

/ By / COVID-19, Patent

After 2 long years and the whole hubbub that the 12th Ministerial Conference was, (see here here and here) WTO has finally come up with the Draft Ministerial Decision On The TRIPS Agreement. The text is bound to have the world split on what to make of it. While multiple detailed assessments of this Draft Decision are due in course, I’ll quickly highlight a few key pointers which stand out (for better or worse)  Footnote 1: Defines ‘eligible Members’ to

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Delhi High Court Appoints an Academic Expert to Aid the Court in Interpreting Section 52(1)(za) of Copyright Act

/ By / Copyright

Some ten years ago, post Prof. Basheer’s intervention before the Supreme Court in the Novartis case, Prashant had commented “Academics in India are usually cloistered in their classrooms and conference rooms. I hope we have several more of such interventions, especially since we now have a breed of brilliant young academics in India”. And now almost a decade later, the Indian judiciary will be assisted by another academic in an IP dispute, this time in form of  Prof. Arul George

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