Author name: SpicyIP

Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply

/ By / Trademark

The Delhi High Court’s August 21 order in Dabur India v. Emami has grasped the attention of the IP community in the country. Setting aside the Single Judge’s order, the court held that the appellant should have been allowed to file a response opposing the ad-interim injunction application. One of the key considerations for this order was the appellant’s use of the mark before the institution of the suit. Later, the Single Judge in another case (Silvermaple v. Dr. Ajay […]

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SpicyIP Weekly Review (August 28 – September 3)

/ By / Copyright, Others, Patent, Trade Secret, 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 Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award Akshay Ajayakumar discusses an interesting development of how an arbitrator’s self-praise and improper research led to setting aside a domain dispute award by

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Analysing “Dynamic+” Injunctions: Delhi High Court’s Latest Judicial Invention

/ By / Copyright

On August 9, 2023, the Delhi High Court issued the first ever “Dynamic+” Injunction order in Universal City Studios LLC and Ors v. DotMovies.Baby and Ors, protecting the future works of the plaintiffs from copyright infringement by flagrantly infringing online locations (FIOLs). We are pleased to bring to you a guest post by Reva Satish Makhija analysing the justifications of the court and discussing the potential impact it may have. Reva Satish Makhija is a 3rd Year law student at

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Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award

/ By / Others, Trademark

We are pleased to bring to you a guest post by Akshay Ajayakumar on the Delhi High Court’s order in Microsoft Corporation v. Zoai Founder. 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 for domain name disputes at Sim and San, Attorneys At Law. His previous posts can be accessed here. Views expressed here are those of

Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award Read More »

Smells like Luxury, Does it Cost a Trademark Battle?

/ By / Trademark

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. We are pleased to bring you a guest post by our former SpicyIP Intern Ishant Jain, who shares his opinion on this

Smells like Luxury, Does it Cost a Trademark Battle? Read More »

The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

/ By / Patent

On August 23, the Draft Patent (Amendment) Rules, 2023, were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism. While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the prescribed timeline

The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules Read More »

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SpicyIP Weekly Review (August 21- August 27)

/ 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 Toothless National Policy on Rare Diseases – Part I Among other things, the government introduced the National Policy on Rare Diseases, 2021 after the intervention by the Delhi High Court. However, as noted by Varsha Jhavar and Surbhi Nautiyal in part 1 of their 2 part

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Toothless National Policy on Rare Diseases- Part II

/ By / Drug Regulation, Patent

[This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur.  Surbhi is a lawyer based in Delhi and is a graduate of RGSOIPL, IIT Kharagpur. The views expressed here are those of the authors’ alone.] In Part I of the post, the authors have analysed the National Policy on Rare Diseases, 2021 (Policy) and its implementation. In Part II,

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Toothless National Policy on Rare Diseases – Part I

/ By / Drug Regulation, Patent

[This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur.  Surbhi is a lawyer based in Delhi and is a graduate of RGSOIPL, IIT Kharagpur. The views expressed here are those of the authors’ alone.] At the Delhi High Court’s (DHC) bidding, major developments have taken place in the rare diseases space in India. These include the introduction of

Toothless National Policy on Rare Diseases – Part I Read More »

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SpicyIP Weekly Review ( August 14 – August 20)

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

Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. We also had a guest post by Aditya Gupta on the Delhi High Court Division Bench’s order in Google v. DRS Logistics. Anything important we’re missing out on? Drop us a comment below!  This Weekly Review is co-authored

SpicyIP Weekly Review ( August 14 – August 20) Read More »

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