Tejaswini Kaushal

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SpicyIP Tidbit: Error 404! DHC addresses the Out-of-Order Condition of Trademark Registry’s Website

March 12, 2024 / By Tejaswini Kaushal / Others, Trademark

The troubles for the Office of the Controller General of Patent, Designs, and Trade Mark (CGPDTM) just don’t seem to end anytime soon. In yet another “out of the frying pan and into the fire” situation for the CGPDTM, after the corruption allegation (covered here), the Delhi High Court passed an order on 7 March 2024 in IPAA v CGPDTM seeking directions for the suspension of Trademark Registry related limitation periods till the complete resumption of the services of the […]

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SpicyIP Tidbit: Book on Patent Law by DHC Justice Prathiba M Singh Launched

March 11, 2024 / By Tejaswini Kaushal / Event, Patent, Publication

Having started back in 2015, Delhi High Court judge Justice Prathiba M. Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Also present were foreign dignitaries, including Annabelle Bennett (Former Judge of the Federal Court of Australia, Sydney), Colin Birss (Lord Justice, Court of Appeal, England and Wales), and Klaus Grabinski (President of the Unified

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A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement

March 6, 2024 / By Tejaswini Kaushal / Trademark

On 26 February 2024, the Delhi High Court (DHC) in Western Digital Technologies Inc & Anr vs Geonix International Private Limited, granted an ex-parte ad interim injunction to the plaintiff on the basis of trademark infringement and reverse passing off. In the extant suit, the plaintiff, Western Digital Technologies Inc. (WD), a well-known manufacturer of storage devices, claimed that the defendant, Geonix International Private Limited, was refurbishing and rebranding “WD” hard disks as “Geonix” hard disks, presenting reports from their

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Arthrogen v. Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act

February 27, 2024 / By Tejaswini Kaushal / Innovation, Patent

On 5th Feb, a Single Bench (SB) of the Delhi High Court (DHC) overturned a previous order by the Controller General of Patents that had classified the “method of producing ‘protein enriched blood serum’” as a method of treatment under Section 3(i) in The Patents Act, 1970. This decision was made in the case of Arthrogen Gmbh vs Controller General Of Patents. The SB determined that the controller had erroneously equated the method of producing a novel substance with a

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E&Y Report on The Rise of Music Publishing India: Reflections from an IPR Perspective

February 12, 2024 / By Tejaswini Kaushal / Copyright, COVID-19, Publication

Every year, a diverse community of over 40,000 music creators in India produces a remarkable 20,000 to 25,000 original songs! This sector contributes substantially to India’s revenue, accounting for over INR 12,000 crore, translating to approximately 6% of the entire Media and Entertainment industry. The country’s music publishing industry has grown significantly, reaching INR 845 crore during FY 2022-23. These are some highlights from the recently released report from E&Y titled ‘The Rise of Music Publishing in India’ based on

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SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

February 10, 2024 / By Tejaswini Kaushal / Copyright

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Som Parkash, the Minister clarified that the existing IPR regime is well-equipped to protect Artificial Intelligence (AI)-generated works, thus indicating no necessity to establish a separate category of rights. The Current Regime is Sufficient to Address AI Innovations The unstarred question in the Rajya Sabha requested clarification on three

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A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’

February 7, 2024 / By Tejaswini Kaushal / Trademark

Do you enjoy your whiskey? Would you mix up these two labels: Officers choice and Peace Maker? (image below). Well, it appears the courts think most consumers would. Finding these competing labels to be similar, the Delhi High Court (DHC) recently gave Allied Blenders an interim injunction against Hermes Distilleries following claims of trademark infringement of their label in Allied Blenders & Distillers (P) Ltd. v. Hermes Distillery (P) Ltd., This post assesses the propriety of the judicial examination of

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The Sweet Sound of Victory? BHC Clarifies that Organisations not Registered as Copyright Societies Can also Issue Licenses

In a significant order, delivered on 24 January 2024 by the Bombay High Court in Novex Communications Pvt Ltd. v. Trade Wings Hotels Limited, the Single Bench (SB) held that organizations such as Phonographic Performance Ltd (PPL) and Novex Communications can grant licenses for the musical works owned by them, even if they are not officially registered as copyright societies under Section 33(1) of the Copyright Act, 1957. For some context: After the Copyright (Amendment) Act, 2012, it was understood

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The Ibrunitib Saga: DHC Restrains Generic Competitors, but What about Public Interest?

January 23, 2024 / By Tejaswini Kaushal / Patent

The Ibrutinib Patent Dispute Adding another chapter to the long-standing legal dispute concerning the Leukaemia medication Imbruvica (API Ibrutinib), the Delhi High Court on December 21, 2023, upheld the IPAB order setting aside the post-grant rejection of the Ibrutinib patent. The Court also restrained Natco Pharma, Hetero, BDR Pharma, Shilpa Medicare, Alkem, and Laurus Labs from manufacturing and marketing the generic versions of Imbruvica. However, considering the importance of the drug, the Court permitted the defendants to exhaust the stock

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The Taste of Triumph: Lays Sweeps Potato Variety IP Dispute

January 15, 2024 / By Tejaswini Kaushal / Plant Variety Protection

Lays Bags the Win A division bench (DB) consisting of Justice Yashwant Varma and Justice Dharmesh Sharma has nullified on 09 January 2023, the single bench’s (SB) ruling from 05 July, 2023 (discussed by Niyati here) and the order of the Authority established under Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA), 2001, along with its letter dated February 11, 2022, which denied PepsiCo’s application for the renewal of patent registration on a potato seed variety- FL 2027. Before

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Author name: Tejaswini Kaushal