Author name: SpicyIP

Semiconductors, IP & India: A Road Less Travelled

/ By / Innovation, Others, Overlaps in IP, Patent

[This post is authored by SpicyIP intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here.] Some journals have a practice of providing research prompts on which people can potentially write. But I realised that sometimes prompts without a choice can work really well too. Swaraj shared a Youtube link and asked […]

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‘Plausibility’ and Admissibility of Post-Published Data in India

/ By / Patent

In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”. But how does this finding interact with the position of relevant laws in India? Responding to this question, we are pleased to bring to you this guest post by Amit Tailor, discussing whether the “plausibility” requirement is embedded within the Patent Act. Amit is a postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S. Nagar (Mohali)

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Same Same but Different! The Menace of Different Drugs with Similar Trade Names

/ By / Trademark

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Surprising, isn’t it? Well, as it turns out this is not a one-off case. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Though there have been some directions by the Supreme Court to curb this problem,

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SpicyIP Weekly Review (January 22- January 28)

/ By / Copyright, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab.] Beat the ‘Monday Blues’ with our recap of IP developments from last week. Do read our summaries of the post on the DHC restraining generic competitors for Ibrunitib, Delhi High Court’s finding on opposition and examination process, and some quick tidbits on the Ram Mandir, Oppo-Nokia dispute settlement, and the Bombay High Court order on Pan

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SpicyIP Tidbit: Bombay High Court Issues Dynamic Injunction to Protect National Interests!  

/ By / Copyright, Trademark

[This tidbit is authored by Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here.] I have heard that imitation is the sincerest form of flattery. But, the PAN card service provider- UTI Infrastructure Technology and Service Limited (UTIITSL) was definitely not flattered, and neither was the Court. On 12th January,  the Bombay High Court passed a dynamic ex-parte ad-interim injunction order (pdf) restraining websites imitating as

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[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (January 08 – April 30) [Register by February 29]

/ By / Courses & Workshops

We’re pleased to inform you that a free online course on intellectual property starting on January 08, 2023 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Join SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi About the Course The course is launched on the SWAYAM platform by the Ministry of

[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (January 08 – April 30) [Register by February 29] Read More »

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SpicyIP Weekly Review (January 15- January 21)

/ By / Copyright, Patent, Trademark

Here is a brief recap of IP developments from last week. Do read our summaries of the post on the history of IP teaching in India, some pressing questions arising out of a recent patent prosecution proceeding, and Bombay High Court’s interpretation of Section 60, Copyright Act.   Highlights of the Week IP Scholarship, Citations, and Knowledge Governance: Some Insights from the History of IP Teaching in India Why do we cite who we cite? Why are some IP scholars more

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Section 60 of the Copyright Act: Finally, Some Answers(?)

/ By / Copyright

While much of discourse around copyright infringement is around the owner’s rights, very little attention has been paid to the normalization of over-protection of material! Copyright trolls, and entities that make their living off of sending infringement notices (whether with any basis or not) are not uncommon anymore. India is actually one of the few jurisdictions where the legislators had the foresight to include some protection against just this! Section 60 of the Copyright Act provides remedies for groundless threats

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Glaring Procedural Questions Arising Out of a Recent Patent Prosecution Proceeding  

/ By / Others

Ideally, it is the responsibility of the Patent Office to check that every applicant wishing to obtain a patent registration is complying with the mandated rules and procedural formalities, and in case there are any lapses, the office must take appropriate measures. However, a recent case raises alarming questions regarding how these checks are carried out. In a case with seemingly overlooked delayed filings by the Applicant, a patent application was abruptly transferred from one officer to another, ignoring a

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SpicyIP Weekly Review (January 8-January 14)

/ By / Copyright, Patent, Plant Variety Protection, Trademark

Here is a brief recap of IP developments from last week. Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case. Blogposts Angering the Gods: A Relook at the VBM Trademark Infringement Case Holy Trinity of Hindu Gods against trademark infringement allegations? Recently, in a trademark infringement dispute, the defendant pleaded that the impugned VBM mark was an acronym for the trinity of Hindu

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