Author name: SpicyIP

The Backlog Challenge Faced by the Indian Trademark Office: Addressing Inefficiencies and Ineffectiveness

/ By / Trademark

Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. These notices were challenged before the Delhi High Court in Intellectual Property Attorneys Association (IPAA) & Anr. v. The Controller General Of Patents, Designs & Trade Marks & Anr. (pdf). Via order dt. April 13, 2023, it was revealed that the Indian Trademark Registry has undertaken to withdraw the above notices bringing the applications back to their original status. […]

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An IP-Centric Approach towards AI Regulation in India- Part II

/ By / Copyright

[This Post has been authored by our former blogger Varsha Jhavar. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous posts on the blog can be viewed here, here, here, here.] After making an argument for the need of regulating AI from an IP perspective in Part I, Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. Licensing of training datasets The

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An IP-Centric Approach towards AI Regulation in India- Part I

/ By / Copyright

[This Post has been authored by our former blogger Varsha Jhavar. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous posts on the blog can be viewed here, here, here, here.] Considering the widespread use of AI today, there appears to be a need to regulate its development and ensure it is actually benefitting humanity. Countries have started taking steps in that direction – such as the USA’s Algorithmic Accountability Act of 2022,

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SpicyIP Weekly Review (April 24- April 29)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from the National Law School of India University, Bengaluru.] Here are the quick summaries of the 4 posts, 12 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights of the Week Formation of a New Copyright

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SpicyIP Weekly Review (April 17- April 22)

/ By / Copyright, COVID-19, Design, Geographical Indication, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Sudhiksha Maneeswaran. Sudhiksha is a 4th-year student pursuing B. A., LL. B (Hons.) from School of Law, Christ (Deemed to be University), Bangalore.] Here are the quick summaries of the 4 posts 8 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights of the Week Legal Basis

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Spicy Foods And Spicier Interpretations: Schewzan Chutney To Have Acquired Secondary Significance?

/ By / Trademark

[This guest post has been authored by Devangini Rai. Devangini is an intellectual property lawyer working as an Associate with ANM Global Inc.] In a spicy twist of events, an order passed by HMJ Navin Chawla in the case of Capital Food Private Limited v. Radiant Indus Chem Pvt. Ltd. at the Delhi High Court regarding the usage of ‘Schezwan Chutney’ as a trademark was stayed by the Division Bench of HMJ Manmohan and HMJ Saurabh Banerjee. While the decision

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An Obituary to the TRIPS ‘Waiver’: Lessons from an Imperfect Response 

/ By / COVID-19

[This post has been authored by SpicyIP intern Rohan Srivastava. Rohan is a Second Year student at National Law School Of India University and has a keen interest in IPR and Technology Law.] The recent increase in COVID-19 cases in India comes as a Deja Vu, reminiscent of the predicament India and the world were in 2 years ago. While the spike should not be a cause of concern owing to a  proper vaccination run (also see here for the

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Legal Basis for Personality Rights in India – The Repercussions of Unreasoned Decisions

/ By / Trademark

[The post has been co-authored by Pranjali Sahni and Souradeep Mukhopadhyay. Pranjali is an Assistant Professor at CHRIST (Deemed to be University), Delhi NCR and Souradeep is an LL.M Candidate at Harvard Law School. Harvard University.] “A decision without reasons is like grass without root.” A recent order of the Delhi HC in Amitabh Bachchan v. Rajat Nagi & Ors. has turned the spotlight again on the right to personality, which could be broadly understood as a right of a

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SpicyIP Weekly Review (April 10- April 16)

/ By / Biological Diversity, Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from National Law School of India University, Bengaluru.] Here are the quick summaries of the 4 posts, 9 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application

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Where to lean on?  The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases?

/ By / Biological Diversity, Traditional Knowledge

[This post has been authored by Alphonsa Jojan. Alphonsa is currently pursuing her PhD in Law from the University of Newcastle, Australia.  She has a deep research interest in environmental law and policy. She has previously authored guest posts for us here and here.]  In light of the upcoming Diplomatic Conference on Intellectual Property, Genetic Resource and Traditional Knowledge, Prashant recently made some strong comments on the working of India’s Biological Diversity Act, stating that there are many lessons that the

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