Author name: SpicyIP

Missed Hearings Do Not Equal Abandonment: Star Scientific Limited v. The Controller Of Patents And Design

/ By / Patent

Recently on July 30, the DHC clarified that non appearance of an applicant in a hearing cannot result in the Controller deeming their application as abandoned. Discussing this order and noting its importance vis a vis the right to be heard, we are pleased to bring to you this post by SpicyIP Intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings. Her previous […]

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Close to 2 years of Trademark Registry Orders Under Scrutiny After Questions of Illegal Delegation of Examiner Duties Arise

/ By / Trademark

[This post is authored by Md. Sabeeh Ahmad. Sabeeh is a recent law graduate from AMU, Aligarh. His previous posts can be accessed here.] The Controller General of Patents, Designs, and Trade Marks (CGPDTM) seems to have embroiled itself into a fresh set of controversy, highlighting a major problem with the functioning of the Trademark Registry. This latest issue could mean that the last 2 years of trademark application examinations need to be reviewed, because they were assigned to third parties

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SpicyIP Weekly Review (August 5-August 11)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Lupin’s colour trademark registrations, revisions to Covaxin’s patent application, DHC’s order against a plaintiff who submitted false evidence in a trademark suit, and BHC’s decision restraining AI platforms from using Arijit Singh’s likeness. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week What’s in a Colour?

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What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for its Inhalers 

/ By / Trademark

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Highlighting some interesting bits from the prosecution of these applications and explaining the implications of these registrations on the larger access to medicines issues, we are pleased to bring to you this post by Md. Sabeeh Ahmad. Sabeeh  is a recent law graduate from AMU, Aligarh. His previous posts can be accessed here. What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for

What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for its Inhalers  Read More »

Trademark Infringement to Criminal Prosecution: an Inimitable Interaction?

/ By / Trademark

In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. Discussing this development in detail, we are pleased to bring to you this post by SpicyIP intern Rishabh Deshpande. Rishabh is a 3rd year B.A.LLB. student from WBNUJS, Kolkata. His previous post can be accessed here. Trademark Infringement to Criminal

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SpicyIP Weekly Review (July 29-August 4)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on legal notices sent by Manu Bhaker’s team to different companies for putting out unauthorized congratulatory posts, DHC’s orders on Al-Hamd Tradenation’s compulsory license application to access PPL’s sound recordings, and our comments on the draft Trademark (Holding of Inquiry and Appeal) Rules. This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us

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Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

/ By / Trademark

Alongside winning medals for India in the 2024 Olympics, shooter Manu Bhaker is also in the news for legal notices sent on her behalf against ‘unauthorized’ congratulatory posts by different companies. Now, one may wonder what’s the harm in posting a simple congratulatory message and if such a measure is a little too extreme. Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP

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Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today

/ By / Copyright, Geographical Indication, Patent, Trademark

In the wake of the Ministry of Commerce and Industry’s announcement to bring the Jan Vishwas (Amendment of Provisions) Act in force on August 1, we are pleased to bring to our readers a tidbit on the development by SpicyIP intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings. Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today By Aditi Bansal Recently

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Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024

/ By / Trademark

On July 2, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (Holding Inquiry and Appeal) Rules, 2024. In light thereof, we are pleased to bring to our readers detailed comments on the Proposed Rules authored by Rishabh, Praharsh and Swaraj. The submission is divided into two parts- General Comments and Substantive Comments on the Draft Rules. The General Comments pertain to the lack of transparency behind the process adopted to formulate and draft these

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SpicyIP Weekly Review (July 22-July 28)

/ By / Copyright, Geographical Indication, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. [This weekly review is authored by SpicyIP intern Sumedh Gadham. Sumedh is a second-year law student enrolled at the National University of Juridical Sciences (NUJS).

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