We’re pleased to bring to you a guest post by Shivam Kaushik, discussing the impact and legality of the guiding principles regarding the requirement of disclosure of foreign patent applications, as introduced by the 2019 version of the Manual of Patent Office Practice and Procedure. Shivam is a 5th year law student at Banaras Hindu University, Varanasi. He has previously also written two guest posts for us, titled ‘Copyright and Webinars: Ownership, Licensing and Fair Use’ and ‘Govt’s Draft Model…

JGLS’ Panel Discussion on ‘Can We Reimagine International Institutions? A Third World Perspective’ [July 25]

by SpicyIP July 22, 2020

1 Comment

We’re glad to inform our readers that Centre for International Legal Studies at Jindal Global Law School is organising an online panel discussion on ‘Can We Reimagine International Institutions? A Third World Perspective’ on July 25, 2020, as part of a series of events title ‘International Law, Political Economy and COVID-19’. For further details, please read the announcement below: Panel Discussion on ‘Can We Reimagine International Institutions? A Third World Perspective’ | July 25, 2020 We are pleased to invite…

Trademark

Virtual Reality, Augmented Reality and Trademark Law: How Freely Can Imagination Run?

by SpicyIP July 22, 2020

Leave a Comment

We’re pleased to bring to you a guest post by Bhavya Solanki and Medha Bhatt, discussing the applicability of the fair use provisions of trademark law to unauthorised use of trademarks in the virtual world. Bhavya and Medha are 2nd year students at Maharashtra National Law University (MNLU), Mumbai. Virtual Reality, Augmented Reality and Trademark Law: How Freely Can Imagination Run? Bhavya Solanki & Medha Bhatt Technologies like Virtual Reality (‘VR’) and Augmented reality (‘AR’) are witnessing a…

Others Traditional Knowledge

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles?

by SpicyIP July 16, 2020

2 Comments

We’re pleased to bring to you another guest post by our fellowship applicant Adyasha Samal, discussing the problems with the approach of protecting traditional cultural expressions (TCEs) under existing IP regimes, using hairstyles as an example of a widely appropriated TCE. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her second submission for the Fellowship. Her previous guest post can be viewed here. Cornrows and Cultural Appropriation: What is the Best Way to…

Patent

The Challenging Pursuit of Patent Claim Amendments in India

by SpicyIP July 15, 2020

12 Comments

We’re pleased to bring to you a guest post by Durgesh Mukharya and Meenakshi Chotia, examining the Patent Office’s practice of allowing amendments in claims of a patent application. Durgesh is a Partner and Meenakshi is a Senior Associate at the Bangalore office of the IP law firm, K&S Partners. They have backgrounds in biotechnology and biochemistry, and are part of the Life Sciences – Patents team of the firm. They both are registered Patent Agents and their work primarily…

Trademark

Delhi HC Refuses Interim Injunction against Use of Acronym ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question Unanswered?

by SpicyIP July 14, 2020

Leave a Comment

We’re pleased to bring to you a guest post by Devangini Rai, analysing a recent Delhi High Court order that refused to grant an interim injunction against the use of the acronym ‘TCV’ in relation to a typhoid vaccine. Devangini is a 5th Year student at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Delhi HC Refuses Interim Injunction against Use of Trademark ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question…

Trademark

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law?

by SpicyIP July 10, 2020

2 Comments

We’re pleased to bring to you a guest post by our fellowship applicant, Adyasha Samal. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her first submission for the Fellowship. In this post, she explores issues relating to morality based prohibitions in trademark law in light of the Court of Justice of the European Union’s decision permitting the registration of the ‘Fack Ju Göhte’ mark earlier this year. We’ve had several posts on the issue of…

Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles

by SpicyIP July 9, 2020

Leave a Comment

We’re pleased to bring to you a guest post by Abhishek Iyer. Abhishek is a 3rd year student at the Gujarat National Law University (GNLU), Gandhinagar. Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles Abhishek Iyer Circulation of e-newspapers and its validity under copyright law have been regularly put on debate, SpicyIP had recently discussed it here. On similar lines, popular news publisher Jagran Prakashan Limited (‘Plaintiff’), found their e-paper being freely circulated online, through messaging…

Trademark

Book Release: ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’

by SpicyIP July 7, 2020

1 Comment

We’re pleased to bring to you a guest post by Eashan Ghosh on his recently released book ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on his Medium page. He has written several guest…

SpicyIP Weekly Review (June 29 – July 5)

by SpicyIP July 6, 2020

Leave a Comment

[This post has been authored by Rishabh Joshi, a 4th year student at Gujarat National Law University (GNLU), Gandhinagar.] Topical Highlights Nationalism, Drugs and Public Interest – Remdesivir and Beyond Swaraj highlights how nationalism can hinder public health in light of the ‘drug hoarding’ (Remdesivir) by the United States. He first starts by talking about how Remdesivir is not the most effective treatment for the COVID-19 virus as the improvement rate is not so high. He briefly discusses the intermingling…

Shobhit { Also, to highlight another interesting development from the ground, an order by a District Commercial Court observing: "Consequent upon directions of Delhi High Court in case ' Vishal... }
Shobhit { Same question as above! @Himanshu - happy to see this analysis which unfortunately I still cant find to have been considered anywhere. Perhaps, a mad elephant in the... }
Himanshu Arora { Oh.. In which case law?.. Would be thankful, if you could refer those cases. }
Anon { I guess, this argument was raised in prior cases. But not accepted. The Delhi high court judgment refers to this settled legal position. }
Amit Tailor { Yes, these are also the issues involved in this case, but I have not touched upon those, as the purpose of this post is only to review the... }

De-Coding Indian Intellectual Property Law

Reengineering of the Requirement of Disclosure of Foreign Applications by the 2019 Patent Manual

JGLS’ Panel Discussion on ‘Can We Reimagine International Institutions? A Third World Perspective’ [July 25]

Virtual Reality, Augmented Reality and Trademark Law: How Freely Can Imagination Run?

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles?

The Challenging Pursuit of Patent Claim Amendments in India

Delhi HC Refuses Interim Injunction against Use of Acronym ‘TCV’ for a Typhoid Vaccine: Leaves Acquired Distinctiveness Question Unanswered?

From Iancu v. Brunetti to Constantin Film: Should Morality Interfere with Trademark law?

Book Release: ‘Imperfect Recollections: The Indian Supreme Court on Trade Mark Law’

SpicyIP Weekly Review (June 29 – July 5)