Author name: SpicyIP

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

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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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Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds

/ By / Plant Variety Protection

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. SpicyIP Intern Vedika Chawla discusses this order. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds By Vedika Chawla In an artfully written judgement, The Delhi

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Delhi High Court Checks-in With Clarity in Makemytrip and Booking.com Keyword Dispute

/ By / Trademark

Relying on the decision passed in Google v. DRS Logistics, a Division Bench of the Delhi High Court recently held that use of “MakeMyTrip” as a keyword shall not amount to trademark infringement. SpicyIP intern Vedika Chawla writes on this development. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Delhi High Court Checks-in With Clarity in Makemytrip and Booking.com Keyword Dispute By Vedika Chawla In a decision on 14

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SpicyIP Weekly Review (January 1- January 7)

/ By / Copyright, Geographical Indication, Patent, Trademark

This weekly review is co-authored with SpicyIP intern Vedika Chawla. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India.  Highlights of the Week Comments on Draft IPR Division

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The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

/ By / Patent

The US National Institute of Standards and Technology (NIST) on December 8 released guidelines inviting comments on the use of March in rights. SpicyIP intern Jyotpreet Kaur writes on these rights, the changes proposed in the guidelines, and India’s position on similar arrangements. This post has been authored with inputs from Swaraj. Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction

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