Author name: SpicyIP

‘AMUL’ Trademark Row: Scrutinizing Cal HC’s Ruling on Infringement

/ By / Trademark

We are pleased to bring you a guest post from Kartik Sharma and Aditya Singh on the recent decision by the Calcutta HC regarding the infringement of AMUL’s trademark. Kartik and Aditya are 2nd year students at NLSIU, Bengaluru. ‘AMUL’ Trademark Row: Scrutinizing Cal HC’s Ruling on Infringement Kartik Sharma & Aditya Singh On September 1, 2022, the Calcutta HC, in Kaira District Cooperative Milk Producers Union Ltd v. Maa Tara Trading Co (‘AMUL’), held a non-competitor liable for infringement […]

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 6, Issue 1 [Submit by October 1]

/ By / Opportunities, Publication

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VI, Issue I). The last date for submissions is October 1, 2022. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. VI, Issue I] The Board of Editors of the Journal of Intellectual Property Studies [JIPS], published under the aegis of National Law University,

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[Sponsored] LexisNexis Workshop on Biosimilar IP Landscaping & 351(k) Litigation (September 2)

/ By / Opportunities, Sponsored

We’re pleased to inform you that LexisNexis is conducting a workshop on ‘Biosimilar IP Landscaping & 351(k) Litigation’ on 2nd September, 2022. For details, please see their announcement below. Join LexisNexis Live Workshop: Biosimilar IP Landscaping & 351(k) Litigation  Friday, September 2, 2022   3:30 PM IST The workshop is aimed at varied aspects and challenges of the biosimilar development process. The main aspects of this event will cover an analysis of the innovator company’s patent portfolio, identifying and advancing the

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

/ By / Others, Trademark

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Abhijay Srekanth is an LLM candidate at the Queen Mary University of London specialising in IP, and a recent graduate of Jindal Global Law School. Vivek Basanagoudar is a fourth year law student at Jindal Global Law School. The views expressed in the piece are personal. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins

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"Lets eat grandpa" "Lets eat, grandpa". Commas - they save lives

When can/not a Patent Application be Divided? Part II: Claims & Pluralities

/ By / Patent

In the first part of a two part guest post series, Amit Tailor reviewed what the Delhi High Court said on the issue of maintainability of divisional applications in Boehringer Ingelheim vs. The Controller. This second part continues where that post left off, and brings us analysis on whether or not, for the purposes of maintaining a divisional application, there must be a plurality of inventions in the claims of the parent application. When can/not a Patent Application be Divided? Part

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pic of scrabble tiles saying divide and conquer

When can/not a Patent Application be Divided? Part I: Boehringer Ingelheim vs. The Controller

/ By / Patent

We’re pleased to bring to you a 2 part guest post by Amit Tailor on the question of when a patent application can be divided, that came up in the recent case of Boehringer Ingelheim vs. The Controller. The first slightly shorter part focuses on reviewing the judgment on this question, while the second slightly longer part carries out an analysis of the same. Amit is a post graduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER),

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The Extent of Claim Amendment Allowed in a Patent Application: Part 2

/ By / Patent

Continuing on from the previous blogpost, we bring you part 2 of Amit Tailor’s two part series on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduced the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In this second part,

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"Amendment"

The Extent of Claim Amendment Allowed in a Patent Application: Part 1

/ By / Patent

We’re pleased to bring to our readers a 2 part post by Amit Tailor on the recent case Nippon A&L vs The Controller of Patents, which looked into questions of how and to what extent a claim in a patent application can be amended under the Patents Act. In the first part, Amit introduces the issue and argues that the court’s reliance on the European Technical Board of Appeal’s Konica case is questionable. In the second part, Amit argues that

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Extension of the Deadline for the 3rd Shamnad Basheer Essay Competition

/ By / Others

With several requests for extensions coming in, we’ve decided to extend the deadline for the 3rd Shamnad Basheer Essay Competition (2022). The new deadline is 24th July, 2022 (11:59pm IST). As a reminder, this year’s edition is open to recent graduates as well as current law students. And thanks to an anonymous donor, the prize money has been increased as well. As always, the topic is open to anything within the larger IPR sphere – the more creative, the better.

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Old Is No Longer Gold: Do Copyright in Films/Songs Expire with the 60 Year Limit?

/ By / Copyright

We are pleased to present this piece by Mr. Rajesh Kumar and Ms. Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house). Their practice predominantly revolves around copyright law, litigation and advising on all matters related to films that are emanating

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