Author name: SpicyIP

Counterfeit Goods and Criminal Sanctions: Assessing P&H Order on Procedural Irregularities in Arun Kumar vs State of Punjab

/ By / Copyright, Trademark

Discussing the Punjab and Haryana High Court order quashing the charges of copyright and trademark infringement on substantive and procedural grounds, SpicyIP intern Bharathwaj Ramakrishnan assesses the Court’s findings on copyright infringement and explains the procedural requirement under Section 115 of the Trademarks Act. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous post can be accessed here. Counterfeit Goods and Criminal Sanctions: Assessing P&H Order on Procedural Irregularities in Arun Kumar […]

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SpicyIP Tidbit: Patent Office Rejects Dolutegravir Application, Paving Way for Affordable HIV Drugs

/ By / Patent

[This post is authored by Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Her previous post can be accessed here.] The Controller of Patents, Kolkata, on 3rd October, 2024, rejected the patent application for an HIV drug- Dolutegravir by VIIV Healthcare and Shionogi & Co. Ltd. This decision, coming after nearly a decade of

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Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 11)

/ By / Event, Patent

Patent enthusiasts will be excited to know that a comprehensive commentary on Patent Law, authored by Adarsh Ramanujan (incidentally, a former blogger with SpicyIP), is set to be released on December 4, 2024 December 11! [Note: We have an update from the Author- In view of the elevation of Chief Justice Manmohan to the Supreme Court, this event is being rescheduled to December 11. Keep an eye on the post for the updated dates!] Adarsh is an Advocate and a

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Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure

/ By / Patent

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous posts can be

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Analysing the Riyadh Design Law Treaty in the Indian Context

/ By / Design

[This post is authored by SpicyIP intern Kartikeya Srivastava. Kartikeya is a second-year law student in the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. His previous posts can be accessed here.] It took nearly two decades of negotiation, but member states of

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Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh

/ By / Trademark

The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here, here, here, here, here, here, here, here and here). Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” By Eashan

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Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity

/ By / Trademark

[This post is co-authored by Samridhi Chugh and Manya Gupta. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. Her previous posts can be accessed here. Manya is a fourth-year student at the National Law University, Delhi. Note for the readers: The matter is listed for today before the Delhi High Court.] The Delhi HC seems to be on a spree,

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SpicyIP Weekly Review (November 18 – November 24)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Madras High Court’s order in Sakata Seed Corporation v. The Controller of Patents and Designs, India’s first AI Copyright litigation involving OpenAI, and the rejection of an RTI Application concerning IPRS’ compliance with the Copyright Act. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the

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Human Intervention vs. Essentially Biological Processes: The Patentability Debate in Sakata Seed Corporation Case

/ By / Patent

Breaking down the Madras High Court’s decision in Sakata Seed Corporation v. The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Kartikeya is a second-year law student of the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health.  His previous

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ANI Media v. Open AI : The Opt-Out Strategy

/ By / Copyright

[This post is authored by Akshat Agrawal. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He adds the following disclaimer: After some discussion around an earlier draft and an admitted history of verbosity, I would also like to acknowledge the usage of Claude.ai for helping me re-frame the draft more succinctly and in a reader friendly

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