Author name: SpicyIP

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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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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