Author name: SpicyIP

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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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The Tale of Indian Dynamic Injunctions Jurisprudence: One Step Forward Two Steps Back

/ By / Copyright, Trademark

We are pleased to bring you a guest post by Krishna Ravishankar and Parul Anand on the evolution of the dynamic injunction jurisprudence in India. Krishna and Parul are third-year students from National Law University Jodhpur. The Tale of Indian Dynamic Injunctions Jurisprudence: One Step Forward Two Steps Back Krishna Ravishankar and Parul Anand Injunction, a veteran tortious remedy for legal infringements, has taken a dynamic form to address novel infringements previously absent in the non-digital domain. The ever-shifting internet

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SpicyIP Weekly Review (October 2- October 8)

/ By / Copyright, Geographical Indication, 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 A Deeper Look into the Humans of Bombay and People of India Fiasco Humans of Bombay v. People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. Illustratively looking into a set of allegedly similar “images” presented

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Looking at the DHC’s order in Jainemo Pvt. Ltd. v. Rahul Shah Through the lens of the DU Photocopy Case

/ By / Copyright

The Delhi High Court on September 27, 2023 granted an injunction to the plaintiff in Jainemo Pvt Ltd. v. Rahul Shah, restricting the defendants from disseminating educational material online. Assessing the rationale of the order through the lens of DU photocopy case, we are pleased to bring to you this guest post by SpicyIP intern Yogesh Byadwal. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law,

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SEPs & FRAND: Misnomers & Maladies

/ By / Patent

Often the discussion around SEPs and FRAND is muffled because of the surrounding technicalities, and accompanying jargon and only rarely does one come across a work that is able to explain the nitty gritty of SEP and FRAND in a simple manner. We recently came across one such short paper on “SEP Litigations & Issues in Determining the FRAND License” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here) and extended a guest post

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