Author name: SpicyIP

Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement

/ By / Patent

The Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s FCM in the market. However, the court hesitated in passing a final word on whether FCM is a product-by-process patent or not, in light of the ongoing appeal before the Division Bench in Vifor v. MSN (see here). We are pleased to bring to you a post by one of our diligent SpicyIP interns Tejaswini Kaushal on this …

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SpicyIP Weekly Review (September 18- September 24)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.   Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Read on to see the comments submitted by Swaraj, Praharsh, and Tejaswini with research assistance from Tanya. If …

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Draft Patent Amendment Rules: Big Impact but Limited Commentary 

/ By / Patent

The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the …

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Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

/ By / Copyright, Trademark

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws. He completed his B.A. (Hons) LLB from NALSAR, Hyderabad in …

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SpicyIP Weekly Review (September 11- September 17)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.   Highlights of the Week Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules. …

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[Sponsored] Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9)

/ By / Sponsored

We’re pleased to bring to you this post by UNH Franklin Pierce about its Associate Dean for Administration and Enrolment’s visit to India. Note: this is a sponsored post. Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9) In 2021, Shane Cooper joined UNH Franklin Pierce as the Associate Dean for Administration and Enrolment. The move to UNH Franklin Pierce came after nearly three decades in the US Navy, where …

[Sponsored] Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9) Read More »

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SpicyIP Weekly Review (September 4- September 10)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.  Highlights of the Week Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply The Delhi High Court recently clarified that if an impugned mark has been in the use before institution of the suit, the …

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Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply

/ By / Trademark

The Delhi High Court’s August 21 order in Dabur India v. Emami has grasped the attention of the IP community in the country. Setting aside the Single Judge’s order, the court held that the appellant should have been allowed to file a response opposing the ad-interim injunction application. One of the key considerations for this order was the appellant’s use of the mark before the institution of the suit. Later, the Single Judge in another case (Silvermaple v. Dr. Ajay …

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SpicyIP Weekly Review (August 28 – September 3)

/ By / Copyright, Others, Patent, Trade Secret, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award Akshay Ajayakumar discusses an interesting development of how an arbitrator’s self-praise and improper research led to setting aside a domain dispute award by …

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Analysing “Dynamic+” Injunctions: Delhi High Court’s Latest Judicial Invention

/ By / Copyright

On August 9, 2023, the Delhi High Court issued the first ever “Dynamic+” Injunction order in Universal City Studios LLC and Ors v. DotMovies.Baby and Ors, protecting the future works of the plaintiffs from copyright infringement by flagrantly infringing online locations (FIOLs). We are pleased to bring to you a guest post by Reva Satish Makhija analysing the justifications of the court and discussing the potential impact it may have. Reva Satish Makhija is a 3rd Year law student at …

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