Author name: SpicyIP

Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case

/ By / Patent

[This post is authored by SpicyIP Intern Tejaswini Kaushal with inputs and comments from Swaraj and Praharsh. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law]. Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“CL”) for breast cancer medications, Ribociclib and Abemaciclib. In an affidavit filed before the […]

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No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India

/ By / Trademark

Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to bring to you a guest post by Akshay Ajayakumar. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant at Sim and San, Attorneys At Law. His previous posts can be accessed here. Views expressed here

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SpicyIP Weekly Review (October 23- October 29)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy After an illustrious career spanning more than 4 decades at the bar and bench, the doyen of Intellectual Property Rights, Justice Shripathi Ravindra Bhat retired as a Judge of the

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

/ By / Others

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. On this note, we are pleased to bring to you this

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SpicyIP Weekly Review (October 16- October 22)

/ By / Copyright, Design, Patent, Trademark

[This SpicyIP Weekly Review is co-authored with SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Deadline to File Comments/

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Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy

/ By / Others

After an illustrious career spanning more than 4 decades at the bar and bench, Justice Shripathi Ravindra Bhat retired as a Judge of the Supreme Court of India on October 20, 2023. Prior to his stint as a Supreme Court Judge, Justice Bhat served as the Chief Justice of Rajasthan High Court and as a Judge at the Delhi High Court. As remarked by Justice Sanjay Kishan Kaul in his speech here, Justice Bhat penned many notable judicial pronouncements touching

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SpicyIP Weekly Review (October 9- October 15)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week  Looking at the DHC’s order in Jainemo Pvt. Ltd. v. Rahul Shah Through the lens of the DU Photocopy Case Recently the Delhi High Court issued an injunction against unlawful dissemination of Jainemo Pvt. Ltd. (Apna College)’s study material online. How well

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Reforming the Existing IP Legal Research Methodology- an Insight into the Intersection of Empirical and Socio-Legal Research

/ By / Others

It’s no news that there is a dearth of empirical research in the Indian IP landscape. As explained by Swaraj here, it’s a particularly perplexing situation as when one is able to find some data on a specific issue, there is no certainty that the data is accurate or that the data has come out of rigorous methodology. Exploring the idea of reforming the current IP legal research methodology, we are pleased to bring to you this guest post by

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An Update on the Emami  v.  Dabur: A Qualified Right to be Heard  for Ad Interim Injunctions

/ By / Trademark

Recently on October 11, a Division Bench of the Delhi High Court clarified that its earlier observation (in Dabur v. Emami), to accord the Respondent an opportunity to be heard before deciding on an ad interim injunction application cannot be seen as an inviolable rule. SpicyIP intern Tejaswini Kaushal writes on this clarification by the Division Bench. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual

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Raytheon Company v. Controller General of Patents and Designs: The Question of CRI and 3(k)

/ By / Patent

Recently, on September 15, the Delhi High Court set aside an order from the Indian Patent Office rejecting the patent application on the basis of the old CRI Guidelines, 2016. This decision of the court in Raytheon Company v. Controller General of Patents and Designs, thus opens the pandora box around the mandate within Section 3(k) and its interpretation under the revised 2017 CRI Guidelines, writes SpicyIP intern Yogesh Byadwal in this post. Yogesh is a 3rd year B.A. LL.B.

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