SpicyIP

PAEP: Free Course on Patent Agent Exams

January 3, 2024 / By SpicyIP / Patent

The Patent Agent Examinations are due on January 07, 2024. And looking at some of the previous discussions on the blog (indicatively see here, and here), this one surely seems like a tough nut to crack. In light of the approaching exams, we are pleased to bring to you news from one of our former bloggers Rajiv Kr. Choudhary about a wonderful new initiative he’s put together online, Prepare for the Patent Agent Examination (PAEP), a free for all website […]

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Copyright Bill, 1955: the Best Copyright Law that India Never Had

January 3, 2024 / By SpicyIP / Copyright

Discussing the Mahatma’s take on copyright and the interplay between the 1955 Copyright Bill and the Berne Convention, we are pleased to bring to you this post by Shivam Kaushik. The post is a part of our IP History series. Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. His previous posts can be accessed here. Copyright Bill, 1955: the Best Copyright Law that India Never Had By

Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law

January 3, 2024 / By SpicyIP / Trademark

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. M P Ram Mohan and Aditya Gupta. In this post, the authors highlight the historical justification behind the drafting of the provision prohibiting the registration of scandalous and obscene marks and undertake a purposive sampling of the actions taken by the Trademarks Registry against applications for such marks.

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SpicyIP Weekly Review (December 25- December 31)

January 1, 2024 / By SpicyIP / Copyright, Patent, Trademark

[This post has been co-authored with SpicyIP intern Jyotpreet Kaur. Her previous posts can be found here.] Wishing our readers a very happy and healthy new year ahead. As we bid adieu to 2023, let’s take account of the interesting developments that we came across last week. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India. We divided these

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A Look Back at India’s Top IP Developments of 2023

December 30, 2023 / By SpicyIP / Biological Diversity, Competition Law, Copyright, COVID-19, Geographical Indication, Others, Patent, Trademark, Traditional Knowledge

[This post has been co-authored with Jyotpreet Kaur, Tejaswini Kaushal, Praharsh Gour, and Swaraj Barooah]. As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. And as we move to the cusp of the new year, here’s to wishing our readers a very happy and healthy year ahead! As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact)

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Microsoft Technology Licensing LLC V. The Assistant Controller of Patents and Designs- A Reasoned Judgement or Inherently Contradictory?

December 26, 2023 / By SpicyIP / Patent

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects. Highlighting this contradiction within the judgement, we are pleased to bring to you this guest post by Bharathwaj Ramakrishnan. Bharathwaj is a student at the Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur and loves reading

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SpicyIP Weekly Review (December 18- December 24)

December 25, 2023 / By SpicyIP / Copyright, Geographical Indication, Patent, Trademark

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below. Highlights of the Week The Evolution of Copyright and Translation Terms in India: Part I- Framing the Debate Discussing the history of the

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UK Supreme Court Confirms No Patent for “AI-invented” Inventions

December 22, 2023 / By SpicyIP / Patent

[On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika Chawla discusses this development. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous post can be accessed here.] On December 20, 2023, the UK Supreme Court ruled against granting patent protection to two inventions whose investor was listed as

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Interpreting “and” Under Section 21 of the GI Act: The MP High Court’s Interaction with TRIPS and the GI Act

December 22, 2023 / By SpicyIP / Geographical Indication

[Recently, the Madhya Pradesh High Court passed a detailed order clarifying that a Registered Proprietor is not required to implead an Authorised User to institute GI infringement suits. SpicyIP intern Jyotpreet Kaur writes on this development. Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction with each other. Her previous post can be accessed here.] On 18th December 2023, a 2

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Spicy IP Weekly Review (December 11-December 17)

[This 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.] From different arguments on AI as a co-author of a work to the type of applications filed abroad for which information is required to be filed u/s 39, we had some engaging posts on this blog this week. To read these, along with

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Author name: SpicyIP