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Rishabh Mohnot

Rishabh is a fifth-year law student at the WB National University of Juridical Sciences, Kolkata.

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SpicyIP Fortnightly Review (Dec 23 – Jan 5)


[This post has been authored by Bhavik Shukla, a 5th year student at NLIU, Bhopal] Topical Highlight Adarsh wrote a post on the recent order of the Supreme Court of India in Genetech Inc v Drug Controller General of India. Through this order, the Supreme Court set aside the interim order of the Division Bench of the Delhi High Court and restored the earlier order of the Single Judge. He notes that in restoring the earlier order, the Court relied…


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SpicyIP Fortnightly Review (Dec 2-15)


Topical Highlight Divij wrote a post on a recent order of the Supreme Court in Google India v Visakha Industries. Through this order, the Supreme Court denied to quash defamation proceedings against Google for its failure to expeditiously remove allegedly defamatory material from its ‘Google Group’ service. Divij notes that this decision is important for online intermediaries operating in India, as it holds that online intermediaries may be liable as a ‘publisher’ in criminal defamation proceedings under the Indian Penal…


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SpicyIP Tidbit: Press Release on Appeals from IPAB and IP Offices


In a press release by the Ministry of Commerce and Industry, it was clarified that any order of the Intellectual Property Appellate Board (IPAB) and any decision of intellectual property offices (such as the Controller General of Patents, Designs and Trademarks) can be challenged before High Courts by way of a writ petition under Article 226 of the Constitution and before the Supreme Court by way of Special Leave Petition under Article 136 of the Constitution. This press release is…


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SpicyIP Fortnightly Review (Nov 18 – Dec 1)


Topical Highlight Recently, the Delhi HC set aside two interim injunction orders passed against Natco. In a post co-authored by Pankhuri Agarwal and Bhavik Shukla, these orders were identified as a welcome restoration of the three-pronged test for the grant of interim injunctions in India. The earlier orders of Justice Endlaw had done away with the three-pronged test in light of the interests of the patentee. However, the authors note that the three-pronged test must be retained to ensure that…


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SpicyIP Weekly Review (October 14-20)


Topical Highlight Prashant wrote a post on an order passed by the Delhi HC concerning the marketing of a biosimilar of the breast cancer drug Herceptin by Reliance Life Sciences. Genentech, which owned the erstwhile patent for Herceptin, filed a suit against Reliance claiming that their drug did not comply with Guidelines for Biosimilars and hence could not claim to be as efficacious as the drug sold under the Herceptin brand. In this appeal, the Delhi HC overturned the decision…


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SpicyIP Review (September 23 – October 13)


Thematic Highlight  In her first submission, fellowship applicant Akanshha Agrawal wrote on the free speech, morality and trademark law debate in light of the recent Iancu v Brunetti decision of the Supreme Court of the United States. She discussed the implications of the decision to strike down the ground of immorality to refuse trademark registration, including concerns overuse of racial slurs in trademarks. She also noted the use of ‘Urban Dictionary’ as evidence in the case. In the next part…


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SpicyIP Weekly Review (September 16-22)


In a guest post, Karan Dhalla argues that Tips Industries v Wynk Music, which held that the statutory licensing scheme under Section 31D of the Copyright Act 1957, was wrongly decided for three reasons. First, he suggests that Section 31D does not discriminate between different mediums of broadcast because both Section 31D(1) and Section 2(dd) are clear and unambiguous, and sweeping in their scope. Second, he posits that Section 31D(1) is the operative portion of the provision, and the remaining…


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Mission Report: What is the Current Status of IPAB’s Website?


Last week, I had reported that IPAB’s website was malfunctioning. It had been displaying untoward links that did not belong on a website run by the IPAB, or any other tribunal for that matter! My guess (based on gossip travelling around the grapevine) was that this was a successful hacking attempt, and nothing more. Indeed, this conclusion would sit well with current trends, with the there being at least 25 reported instances of successful hacking attempts of government websites only…


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SpicyIP Fortnightly Review (August 11-25)


This month, we received the tragic news of the passing away of our Founder and Chief Mentor, Prof. (Dr.) Shamnad Basheer. He touched the lives of all of us here at SpicyIP in innumerable ways and always encouraged us with our work at the blog on a day-to-day basis. His loss cannot be put into words, but we hope to honour his legacy by continuing the good work he started with SpicyIP. See the tribute penned for our blog by…


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SpicyIP Tidbit: IPAB Website Malfunctioning!


In January this year, we had reported that the IPAB website was down, leaving the latest orders and judgments of the IPAB inaccessible. For the last few days, we have noticed that the website is back online. But it is not exactly good news, as the website seems to be displaying links that allow one to check their Passenger Name Record (PNR) status for trains online rather than orders passed by the tribunal. Click here and see for yourself! We…


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