Author name: SpicyIP

CGPDTM to hold a Public Meeting on Form 27 (July 29)

/ By / Patent

The office of Controller General of Patents, Designs and Trademark (CGPDTM) issued a notice informing about the organization of a virtual public meeting for brainstorming on the new Form 27. The meeting will be organized on July 29 at 4:30 and can be joined by using the open house meeting link (can be accessed from here). [Edit: Please note the link for the meeting has been changed today. The new link for the meeting can be found here- https://ipindia.gov.in/newsdetail.htm?995) While […]

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Does the Indian Patent Office Rejection Order on E-Cigarettes Violate International Treaties?

/ By / Patent

Right on the heels of Tejaswini’s post on the Indian Patent Office’s E-Cigarettes patent rejection order, we are pleased to bring to you this guest post by Bharathwaj Ramakrishnan assessing the viability of the argument that the rejection order’s rationale violated India’s international commitments. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP. His previous post can be accessed here. Does the Indian Patent Office Rejection Order on E-Cigarettes Violate International Treaties? A

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Drug Doppelgängers: Unveiling the Dangers of Look-Alike, Sound-Alike (LASA) Medications

/ By / Trademark

In light of the news surrounding the possibility of implementation of strict measures against Look Alike Sound Alike (LASA) drugs, we are pleased to bring to you this discussion by Aditya Bhargava. Aditya is a third-year law student at NLSIU Bangalore. He is interested in intellectual property, AI regulation and tech law. His previous posts can be accessed here. Drug Doppelgängers: Unveiling the Dangers of Look-Alike, Sound-Alike (LASA) Medications By Aditya Bhargava Imagine a scenario where you walk into a shoe

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Adidas v. Keshav H. Tulsiani & Ors: A Case of Skewed Contentions

/ By / Trademark

Claiming affection towards their sibling as the justification for adopting a deceptively similar ‘Adidas’ mark, the defendant in Adidas v. Keshav Tulsiani pleaded honest adoption of the impugned mark as a defense against trademark infringement allegations. Highlighting this interesting argument, SpicyIP intern Rishabh Deshpande discusses the Delhi High Court judgement passed in this case. Rishabh Deshpande is a 3rd year B.A.LLB. student from WBNUJS, Kolkata. Adidas v. Keshav H. Tulsiani & Ors: A Case of Skewed Contentions By Rishabh Deshpande

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[Sponsored] Trademark Watch: AI Powered TM Management by LegalTech StartUp

/ By / Sponsored, Trademark

We are pleased to bring to you this sponsored post by QuickCompany about the new update to their Trademark Watch software. For more details, read on below. Trademark Watch: AI Powered TM Management by LegalTech StartUp QuickCompany, India’s most popular Trademark Search Engine has introduced a new update to its Trademark Watch Software. The Web Based Application allows you to manage a Portfolio of 1000s of Brands with a single agent. How Does This Help me as a Trademark Attorney?

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SpicyIP Weekly Review (July 15- July 21)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the “origin” of Khadi, an empirical study on the ways “scandalous” and “obscene” marks are prosecuted by the Trademark Registry, quia timet injunction in Roche v. Zydus. 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 Notes from the Doctoral Diary: 42nd ATRIP Congress in Rome (30th

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Part 2- Khadi’s Origin and Legal Battles: Back to the Future

/ By / Geographical Indication, Trademark

Following the Part 1’s discussion on the “origin” of Khadi’s meaning under the Khaddar Act, in Part II of his two part post Subhadeep builds an argument for an interdisciplinary approach to study IP with the concept of origin as the subject matter. Subhadeep is a Doctoral Research Fellow for the European Research Council (ERC) funded “Creative IPR” project at the Department of Archaeology, Conservation and History, University of Oslo. His research interest includes histories of institutional connections of the Global

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Part 1: Khadi’s Origin and Legal Battles: Unraveling the Historical Significance

/ By / Overlaps in IP, Trademark

Discussing “Origin” as a legal concept as enshrined under different IP laws with “Khadi” as a case study, we are pleased to bring to you this very interesting historical dive by Subhadeep Chowdhury. In this post, Subhadeep discusses the recent legal battles pertaining to “Khadi” and recounts how Khadi derived its meaning (legally) in light of the Khaddar (Name Protection) Act, 1934. In Part 2, he continues from here to build an argument for an interdisciplinary approach to study IP

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Part II- An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India

/ By / Trademark

Continuing the discussion based on empirical data around the absolute ground of refusing to register the mark for being obscene or scandalous, in Part II of their post Prof. M P Ram Mohan, Aditya Gupta, and Vijay V Venkitesh highlight the inconsistencies in the administration of Section 9(2)(c) objections by the Trade Marks Registry using empirical evidence. Prof. M P Ram Mohan is a Professor in the Strategy Area at the Indian Institute of Management Ahmedabad. Aditya Gupta is a

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Part I- An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India

/ By / Trademark

It’s with great pleasure that we bring to our readers this 2 part guest post by Prof. M P Ram Mohan, Aditya Gupta, and Vijay V Venkitesh, that dives into the question of what marks are considered scandalous and obscene in India. Long term readers will know that the absence of data-driven studies in the Indian IP landscape is something that has often been lamented on the blog (here). In that light, it is wonderful to see this study that

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