Author name: SpicyIP

Leaving Out the Working Examples?

/ By / Patent

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs, clarified that a working example does not define the patent’s scope. Raising some concerns with this finding of the Court, we are pleased to bring to you this guest post by Dhruv Vatsyayan. Dhruv is a final year B.A. LL.B. (Hons.) student at the Faculty of Law, Banaras Hindu University, […]

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Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law

/ By / Opportunities

Celebrating our founder Prof. (Dr.) Shamnad Basheer’s 48th birth anniversary, SpicyIP is thrilled to announce the 2024 edition of the Shamnad Basheer Essay Competition on Intellectual Property Law! As many would know, his intellectual passion and incessant curiosity continues to inspire and motivate the thousands of lives that he touched. The essay competition continues in this spirit, aiming to foster a culture of relentless inquiry and growth, as well as to celebrate his memory and his legacy of outstanding scholarship.

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SpicyIP Weekly Review (May 6- May 12)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the post on DHC’S observation in Sun Pharma v. Dabur India. Anything we are missing out on? Drop a comment below to let us know. Highlight of the Week Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements The DHC’s observation about the Applicant’s responsibility to serve the Counter Statements instead of the TM Registry is perhaps

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Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements

/ By / Trademark

One of the seemingly under-discussed aspects of the Delhi High Court’s decision in Sun Pharma v. Dabur India is the Court’s passing comments on the responsibility to serve the Counter-Statement in trademark prosecution. Passed on February 9, 2024, the High Court Ruling clarified that the deadline to file evidence in opposition cannot be extended by the discretion of the Registrar. However, in doing so the Court also interpreted that the duty to serve the Counter-Statement falls on the Applicant instead

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SpicyIP Weekly Review (April 29- May 05)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the DHC’s decision in Natco v. Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. Asst. Controller of Patents. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination? The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the

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Meme pic of Yoda with caption "Here we go again you say. Use the Force to change it you must."

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu

/ By / Patent

The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Reviving, (and at least temporarily settling!) questions around what is therapeutic efficacy under Section 3(d) and the distinctions between coverage and disclosure, the 86 page judgement is an interesting one to go through! We’re pleased to bring you this guest post by Shivam Kaushik, who takes us on a quick tour of the order, highlighting points of particular interest.

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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

/ By / Patent

Discussing the Madras High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here. Problem Statement Precision: A Key Factor

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SpicyIP Weekly Review (April 22- April 28)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the Ericsson- Lava SEP dispute, disclaimed trademarks, and impact of patents on innovation in academia. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Some Thoughts on the “Fairness” of the Delhi High Court’s Ericsson-Lava FRAND Determination- Part II Continuing their discussion on the DHC Ericsson- Lava decision, Swaraj and Praharsh critique the reasons (and lack

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Disclaimed Trademarks: Protection or Usurpation

/ By / Trademark

We are pleased to bring to you this guest post on the statutory position and judicial interpretation of disclaimed marks in the Indian trademarks regime. The post is authored by Surabhi Katare who is a fifth year student at Hidayatullah National Law University, Raipur. Surabhi is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Disclaimed Trademarks: Protection or Usurpation By Surabhi Katare While the foundational principle of trademarks as a

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Perverse Incentives: How Academic Incentives are Counter-Productive to Innovation Ecosystem

/ By / Innovation, Patent

Critiquing the policy to incentivise patent filing by academicians, we are pleased to bring to you this guest post by Apoorv Kumar Chaudhary arguing why patents may not be relevant in every field and how this policy may result in frivolous patent applications. Apoorv is currently an Academic Fellow at National Law School of India University, Bangalore. He is also pursuing his PhD on criminal enforcement of Copyright in India from NLSIU. He can be contacted at apoorvkc[at]gmail[dot]com. The author

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