Author name: SpicyIP

Call for Papers: NUALS Intellectual Property Law Review (Vol. V) [Submit by April 18]

/ By / Opportunities, Publication

We’re pleased to inform you that the National University of Advanced Legal Studies, Kochi (NUALS) Intellectual Property Law Review is inviting contributions to the fifth volume of the journal. The deadline for submissions is April 18, 2023. For further details, please read the call for papers below:   Call for Papers: NUALS Intellectual Property Law Review (Vol. V)  About CIPR, NUALS The National University of Advanced Legal Studies (NUALS) Kochi, established the ‘Centre for Intellectual Property Rights’ (CIPR) to promote […]

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SpicyIP Weekly Review (February 27-March 4)

/ By / Copyright, Design, Patent, Trademark

[The weekly review is co-authored with SpicyIP intern Tanvi Agarwal] Here are the quick summaries of the 7 cases and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Case Summaries  Delhi High Court injuncts defendant from using “Sona” however, imposes costs worth 10 Lakhs on the plaintiff for concealing material facts. Case: Sona Blw Precision Forgings Limited & Anr. V. Sona Mandhira Pvt.

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SpicyIP Weekly Review (February 20 – February 26)

/ By / Copyright, Patent, Trademark

[The weekly review is co-authored by SpicyIP Interns Hiranya Bhandarkar, Niyati Prabhu, Amisha Mittal and Tanvi Agarwal.] As February comes to an end, another month goes by with some interesting IP developments. Here are the quick summaries of 4 posts, 8 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them! Highlights of the week   Spill

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Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement

/ By / Trademark

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms?  SpicyIP Intern Niyati Prabhu discusses a few such instances in this guest post. Niyati is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world

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SpicyIP Weekly Review (February 13- February 19)

/ By / Copyright, Patent, Trademark

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Here are the quick summaries of the 7 blog posts, along with 12 case summaries and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week SpicyIP Tidbit: Madras High Court Directs the State Government to Issue a Notification for Establishing

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What if? Discussing the Elsevier Ltd. And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments

/ By / Copyright

In an earlier post, Swaraj highlighted that despite the Sci-hub case going on for the past 2 years (see here, here, here, here  and here for previous posts on this), there has hardly been any discussion by the court on the substantive issues. SpicyIP intern Tanvi Agarwal brings us up to date on the last two orders (see here and here) regarding amendments that the defendants wanted in the written statement, and the dismissal of the application to reject the plaint.

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Interplay Between Sections 124, 47 and 57 of the Trade Marks Act, 1999: The Fault in Our Interpretations

/ By / Trademark

Recently, the Delhi High Court passed an interesting order in Anubhav Jain v. Satish Kumar Jain, holding that the rights u/s 57 of the Trademarks Act to seek rectification of the register, is independent of the rights u/s 124 which allows the defendant to seek a stay over the infringement proceedings when the validity of the trademark is raised as a defence. This interplay was the point of a previous controversy, which the Supreme Court addressed in Patel Field Marshall

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Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part II

/ By / Patent

In Part I of this 2-part post, Amit Tailor discussed the key aspects of the Delhi High Court’s order in Allergan Inc. v. the Controller of Patents. In continuation to that discussion, he analyzes the order from the lens of previous decisions by Delhi High Court and makes key observations regarding public interest. Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part II Amit Tailor Evolving ‘Amendments’ in India under Nippon, Boehringer & Allegan Divergent Views on Similar Facts

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Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part I

/ By / Patent

Recently, Delhi High Court in Allergan Inc. v. the Controller of Patents set aside the order of the Indian Patent Office, and allowed certain claim amendments u/s 59(1). In this 2 part guest post, Amit Tailor discusses the Allergan order in part 1 and then assesses it in light of the previous decisions on the similar issue of claim amendments. Amit is a postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S. Nagar (Mohali) and

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SpicyIP Weekly Review (February 6- February 12)

/ By / Copyright, Design, Patent, Trademark

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came

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