Author name: SpicyIP

Role of Family Courts in Intellectual Property Disputes: Looking at the Calluna Dispute before the Kerala High Court

/ By / Trademark

[This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur.] On 10th October 2024, an intriguing question regarding jurisdiction of a family court over a trademark infringement claim came up (pdf) in front of a division bench of the Kerala High Court comprising of Justices Devan Ramachandran and M.B. Snehalatha. The petitioner, Mr. C.K. Chandran was seeking a permanent prohibitory injunction against the respondent, his spouse, […]

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Part II: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case

/ By / Patent

[The post is co-authored by Praharsh and Sabeeh.] In light of the controversy surrounding the rejection of BASF’s divisional application, in Part I, we looked at the order granting a patent to its parent application. A few hours after this grant order, BASF co-incidentally filed its divisional application which was rejected by the Patent Office, despite BASF’s request to condone the delay (pdf). Interestingly, the Patent Office still proceeded with examining BASF’s application despite the delay in filing the divisional

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Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case

/ By / Patent

[This Post is co-authored by Swaraj, Praharsh, and Sabeeh] The November 28 order (pdf) of the Madras High Court is being extensively discussed among the patent attorneys circles of India as it deals with a unique situation concerning the timeframe to file a divisional application vis a vis grant of the parent application. The High Court was hearing an appeal by the EU chemical manufacturer BASF SE (Badische Anilin- und Sodafabrik) (appellant/ applicant) filed against a rejection order by the

Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case Read More »

V Shrinivasan v. Music Academy: “Will”ing Posthumous Privacy/Publicity Rights into Existence

/ By / Others

Can someone’s wishes expressed in their Will overcome the precedents on descendability of publicity rights? Bharathwaj explores this question in light of the recent controversy surrounding the use of late singer M.S Subbulakshmi’s name as part of an award. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. V Shrinivasan v. Music Academy: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim

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Another day, Another Unreasoned Order by the Indian Patent Office: Analyzing Signal Pharmaceuticals vs Deputy Controller of Patents

/ By / Patent

In Signal Pharmaceuticals vs Deputy Controller of Patents, the Madras High Court set aside the impugned order by the Indian Patent Office for being a non-speaking one. Analysing the Court’s decision, Bharathwaj discusses when an order is regarded as non-speaking and assesses the probable reasons for such orders. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. Another day, Another Unreasoned Order by the Indian Patent Office:

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[Sponsored] PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research

/ By / Sponsored

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new AI assistant. For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer, a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “PatAssist”. Designed to answer deeper technical questions on your patent datasets with a high degree of

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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

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 Read More »

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