Author name: SpicyIP

To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs

/ By / Design

[This post is authored by SpicyIP intern Anjali Baskar. Anjali is a fourth-year student pursuing B.B.A. LL.B. (Hons.) from School of Law, Christ University, Bengaluru. She is keenly interested in exploring various fields in law, especially IP, Media & Entertainment.] There is a ‘consistent’ inconsistency in the judgements of Indian courts on deciding a highly debated issue: Do GUIs qualify for design protection under Sections 2(a) and 2(d) of the Designs Act, 2000? A recent flurry of orders in the […]

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IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline 

/ By / Patent

As many of our readers would know, recently the Patent Office rejected Janssen’s patent application for a treatment of multi-drug resistant tuberculosis drug treatment on the grounds that it failed to cross various patentability thresholds. The rejection was significant for several reasons: Naturally it is significant for access to medicines in a country where tuberculosis is regularly one of the biggest cause of health concerns. And on the more legal side, it highlighted the importance of pre-grant oppositions as the

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Delhi High Court Offers an Evaluation of the Meaning of Descriptive and Laudatory Marks (But What’s the Difference?)

/ By / Trademark

[This post is authored by our former blogger Rahul Bajaj. Rahul is an attorney at Ira Law.] On 24th February, Justice Navin Chawla of the Delhi High Court passed an interesting judgment that discusses the parameters for a trademark to be considered descriptive/laudatory and the evidence needed to establish the same. At issue in LT OVERSEAS NORTH AMERICA INC & ANR. V. KRBL LIMITED was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the

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Spicy IP Weekly Review (April 2- April 8)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

[This weekly review has been co-authored with SpicyIP intern Rohan Srivastava. Rohan 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 5 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 Madras High Court Notifies Intellectual

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Oreo v Fab!o: A Ballad of Colours and Syllables [PART II]

/ By / Trademark

[This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v. Parle Product Pvt. Ltd. In Part I, the authors analyzed the court’s consideration of intention in its assessment of passing off and trademark infringement. In Part II of the post, they assess the court’s finding on phonetic similarity between Fabio and Oreo and on the trade dress of the competing goods. Kartik and Aditya are 2nd-year students at NLSIU,

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Oreo v Fab!o: A Ballad of Colours and Syllables [PART I]

/ By / Trademark

[This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v. Parle Product Pvt. Ltd. In Part I of the post, the authors have analyzed the court’s consideration of intention in its assessment of passing off and trademark infringement. Kartik and Aditya are 2nd-year students at NLSIU, Bengaluru, and had earlier written for us here, here and here.] The world of sweet cookies saw a rather bitter dispute unfolding in the Delhi

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Examining Deeming Abandonment in the Trade Marks Act – A Call for Revaluation?

/ By / Trademark

[This post has been authored by Ritwik Sharma. Ritwik is a final year student of law at the Institute of Law, Nirma University.] In what can be considered déjà vu, the Trade Marks Registry has once again released notifications to carry out mass abandonments. As per this post, nearly 98,000 trademark applications and 82,000 opposed trademark applications are now vulnerable to abandonment due to the non-filing of the reply to examination reports and counterstatements respectively within the prescribed time-period specified

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. VII, Issue II [Submit by May 28]

/ By / Opportunities, Publication

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VII, Issue II). The last date for submissions is May 28, 2023. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. VII, Issue II] About the organization/institution National Law University-Jodhpur (NLU Jodhpur) is one of India’s leading Law Schools situated in the vibrant

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SpicyIP Weekly Review (March 27-April 1)

/ By / Copyright, Geographical Indication, Innovation, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Anjali Baskar. Anjali is a fourth-year student pursuing B.B.A. LL.B. (Hons.) from School of Law, Christ University, Bengaluru. She is keenly interested in exploring various fields in law, especially IP, Media & Entertainment.] Here are the quick summaries of the whopping 6 posts, 8  case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know

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Announcing the SpicyIP Doctoral Fellowship!

/ By / Opportunities

We are very excited to announce SpicyIP’s new Doctoral Fellowship! The SpicyIP Doctoral Fellowship has been devised keeping in mind our commitment to foster transparency and accountability within the Indian IP regime. It will be awarded to select doctoral scholars in universities based in India who are pursuing their PhD in the broad area of intellectual property rights and/or innovation policy, and with a focus on public interest, transparency and accountability, or socially beneficial legal and policy levers. In addition

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