Author name: SpicyIP

EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

/ By / Patent

Recently, India and a group of 4 European countries- Iceland, Liechtenstein, Norway, and Switzerland (EFTA) signed a Trade Economic Partnership Agreement (TEPA) on a variety of trade related issues, including intellectual property rights. Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. While there are multiple provisions in the agreement dealing with issues like trademarks and GIs (indicatively see here), […]

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Dissecting Contrasting Rulings: Examining Madras High Court’s Dual Pronouncements on Intervention in Post-Grant Opposition Proceedings

/ By / Patent

[This post is authored by SpicyIP intern Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here.] Recently, the Madras High Court delivered two seemingly contradictory judgements (on the same day by the same judge!) regarding whether the High Court by way of judicial review under Article 226/227 could interfere with the recommendations of the Opposition Board

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Delhi HC in Sulphur Mills Limited v. Dharmaj Crop Guard Limited & Ors.– Case of Credible Challenge to the Validity of the Patent

/ By / Patent

Recently, the Delhi High Court rejected Sulphur Mills’ request for an interim injunction against multiple defendants, finding their patent on a sulphur-based agrochemical fertilizer to be invalid for being obvious. Analysing this decision, we are pleased to bring to you this guest post by Kartikeya Tandon. Kartikeya is an Advocate practicing in the High Court of Delhi. He was previously engaged as a law researcher in the Intellectual Property Division of the High Court of Delhi. He is interested in the development of law due to emerging

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SpicyIP Weekly Review (March 25- March 31)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the DHC directives to resolve issues arising out of TM registry website, DHC decision on non literal patent infringement, and Govt. of Goa’s circular on 52(1)(za). Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Delhi High Court Imposes Damages Worth INR 244 Crores on Lava in the Ericsson-Lava SEP Dispute In an important SEP development

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. VIII, Issue II [Submit by June 20, 2024]

/ By / Opportunities, Others, Publication

We’re pleased to announce that National Law University, Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VIII, Issue II). The last date for submissions is June 20, 2024. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. VIII, Issue II] The Board of Editors of the Journal of Intellectual Property Studies [JIPS], published under the aegis of

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Schrodinger’s Claims of Mitsui Chemicals: Claims That Are There and Also Not There

/ By / Patent

In a significant order, the Delhi High Court in Mitsui Chemicals v. Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. Discussing this order, we are pleased to bring to you this guest post by Shivam Kaushik. Shivam is an advocate practicing in New Delhi. His previous posts can be accessed here. Views expressed here are those of the author’s alone. Schrodinger’s Claims of Mitsui Chemicals: Claims

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Non-literal Infringement: Clarity or Confusion?

/ By / Patent

Discussing the Delhi High Court’s recent interpretation of the doctrine of equivalents in SNPC Machines Private Limited & Ors. v. Mr Vishal Choudhary, we are pleased to bring to you this post by SpicyIP intern Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore. His previous post can be accessed here. Non-literal Infringement: Clarity or Confusion? By Vishno Sudheendra The Delhi HC on 5th March 2024 pronounced an order, in SNPC Machines Private Limited & Ors. v. Mr

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An End to IP Attorneys Association’s Struggle with the Trade Mark Registry’s Portal?

/ By / Trademark

In light of the recent orders by the Delhi High Court to resolve the problems caused by the Trademark Registry websites’ outage, we are pleased to bring to you this post by SpicyIP Intern Aarav Gupta, discussing the interim measures put in place by the Court. Aarav is a third-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading and watching sports. His previous post can be accessed

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Mischief, Manifestation, and the Michelin Trademark!

/ By / Trademark

In light of the recent controversy concerning a Delhi-based restaurant’s use of a “Michelin plaque”, we are pleased to bring to you this guest post by Dr. (Prof.) Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Prof. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Mischief, Manifestation, and the Michelin Trademark! By Dr. (Prof.) Sunanda Bharti Vir Sanghvi, a prominent Indian journalist and author known for his insightful

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SpicyIP Weekly Review (March 18- March 24)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part I In this two part post

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