Author name: SpicyIP

SpicyIP Weekly Review (February 05- February 11)

/ By / Copyright, Patent, Trademark

After an eventful week, here is our recap of its top IP developments. Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work. Don’t forget to check them out on the blog too! This Weekly […]

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Universal Health Network v.  Adiuvo Diagnostics Private Limited: Clarity on Writ Jurisdiction against Orders from the IPO 

/ By / Patent

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. Assessing this decision in light of the Delhi High Court’s judgement in Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents, we are pleased to bring to you this post by Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore and wrote this post while

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Orange Book & Inaccurate Patents: US Federal Trade Commission in Action

/ By / Data Exclusivity, Drug Regulation, Patent

[This post is co-authored by SpicyIP Intern Pranav Aggarwal and Swaraj Paul Barooah. 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 posts can be accessed here.] On 7th November 2023, the Federal Trade Commission (“FTC”) issued a press release announcing its challenge to more than 100 patents listed in the ‘Orange Book’. These patents which belong to ten

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A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024

/ By / Trademark

Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024 inviting comments on the proposed rules by February 09. However, much like the proposed Patent (2nd Amendment) Rules, 2024, the proposed Trade Mark Rules are marred with ambiguities. Assessing the proposed rules from the lens of the SARAL framework, we are pleased to bring to you this guest post by Pragya Singh and Lakshita Handa. Pragya Singh and Lakshita Handa

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Wedding Bells or Warning Bells? PPL Refuses to Give an NOC to Play its Sound Recordings at Sangeet, Cocktail Party

/ By / Copyright

Recently, the issue of using sound recordings during wedding festivities popped up again before the Delhi High Court in Canvas Communications v. PPL. SpicyIP intern Reva Satish Makhija discusses the dispute and gives a nuanced understanding of the oscillating debate between the executive and judiciary on this issue. Reva Satish Makhija is a 3rd Year law student at Jindal Global Law School, Sonipat. In her free time, she enjoys collecting old Bollywood movie posters. Wedding Bells or Warning Bells? PPL

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SpicyIP Weekly Review (January 29- February 04)

/ By / Copyright, Drug Regulation, Patent, Trademark

After an eventful week, here is our recap of its top IP developments. Last week we published 9 posts on topics such as the proposed Patent (2nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. Don’t forget to check them out on the blog too! Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the

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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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