Author name: SpicyIP

Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part II

/ By / Patent

In Part I of this 2-part post, Amit Tailor discussed the key aspects of the Delhi High Court’s order in Allergan Inc. v. the Controller of Patents. In continuation to that discussion, he analyzes the order from the lens of previous decisions by Delhi High Court and makes key observations regarding public interest. Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part II Amit Tailor Evolving ‘Amendments’ in India under Nippon, Boehringer & Allegan Divergent Views on Similar Facts […]

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Claim Amendments u/s 59(1): Confusingly Evolving Landscape in India- Part I

/ By / Patent

Recently, Delhi High Court in Allergan Inc. v. the Controller of Patents set aside the order of the Indian Patent Office, and allowed certain claim amendments u/s 59(1). In this 2 part guest post, Amit Tailor discusses the Allergan order in part 1 and then assesses it in light of the previous decisions on the similar issue of claim amendments. Amit is a postgraduate in Pharmaceutical Sciences from National Institute of Pharmaceutical Education and Research (NIPER), S.A.S. Nagar (Mohali) and

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SpicyIP Weekly Review (February 6- February 12)

/ By / Copyright, Design, Patent, Trademark

After another busy week here at SpicyIP, here are the quick summaries of the 5 blogposts that were put up, along with 15 case summaries and other national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came

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Fallouts from India’s First Website Blocking Order Passed Against Stream Ripping

/ By / Copyright

[This post has been authored by our SpicyIP Intern Gaurangi Kapoor. Her previous posts can be accessed here, here and here. We are also thankful to our former SpicyIP Intern Ananya Dutta for her inputs on an earlier draft.] In what may be the first instance of stream ripping being prohibited in India, the Delhi High Court in the case of Sony Music Entertainment India Pvt Ltd and Ors vs Yt1s.Com and Ors has passed an order restricting the defendants from

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The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings

/ By / Copyright, Others

Delhi High Court recently came up with the ‘Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022’. One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. Niyati Prabhu is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. The Copyright

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[Sponsored] UK IPO-INTA Brand Protection Strategies Conference, 2023 [February 24]

/ By / Opportunities, Sponsored, Trademark

We are pleased to announce that the UK Intellectual Property Office (UK IPO) and International Trademark Association (INTA) are jointly hosting a conference on brand protection strategies on February 24th, 2023 at the Imperial, New Delhi. The conference includes insights from government officials, academics, brand owners, and IP practitioners and is completely free-to-attend! For further details please read their announcement below.  UK IPO-INTA Brand Protection Strategies Conference, 2023 UK Intellectual Property Office (IPO) and International Trademark Association (INTA) are jointly

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SpicyIP Weekly Review (January 31- February 5)

/ By / Copyright, Patent, Trademark

In the first week of the new month, here are our summaries of the 3 blogposts, 7 court orders and other national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them! Highlight of the week Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness In a spicy turn of events, a division bench of Delhi High Court overruled the

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Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness

/ By / Trademark

[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career in Intellectual Property Rights. As he describes himself, if he is not at his desk, he is probably writing a poem or a short story.] In another spicy development, the marks  “SCHEZWAN CHUTNEY” and “SZECHUAN CHUTNEY” were held as descriptive and bereft

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SpicyIP Tidbits: Delhi High Court Interprets the Term “Leaving with the Registrar” Broadly

/ By / Trademark

[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career in Intellectual Property Rights. As he describes himself, if he is not at his desk, he is probably writing a poem or a short story.] In a notable move Delhi High Court in M/S V-Guard Industries Ltd vs The Registrar Of Trademarks

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SpicyIP Weekly Review (January 23- January 30)

/ By / Copyright, COVID-19, Patent, Trademark

[This weekly review has been co-authored with SpicyIP interns Gaurangi Kapoor and Ishant Jain.] January’s end is just around the corner and what an eventful start it has been to the year! In our previous weekly reviews (here, here and here) we have collectively summarized 16 blog posts, 37 case summaries and other national and international IP developments. Not to forget – we started the year with our round up of the biggest IP developments of 2022. In the last

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