Copyright – Spicyip

SpicyIP Weekly Review (September 18- September 24)

September 25, 2023 / By SpicyIP / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Read on to see the comments submitted by Swaraj, Praharsh, and Tejaswini with research assistance from Tanya. If …

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Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

September 18, 2023 / By SpicyIP / Copyright, Trademark

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws. He completed his B.A. (Hons) LLB from NALSAR, Hyderabad in …

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SpicyIP Weekly Review (September 11- September 17)

September 18, 2023 / By SpicyIP / Copyright, Drug Regulation, Others, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules. …

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SpicyIP Weekly Review (September 4- September 10)

September 11, 2023 / By SpicyIP / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply The Delhi High Court recently clarified that if an impugned mark has been in the use before institution of the suit, the …

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SpicyIP Weekly Review (August 28 – September 3)

September 4, 2023 / By SpicyIP / Copyright, Others, Patent, Trade Secret, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led to Setting Aside a Domain Dispute Award Akshay Ajayakumar discusses an interesting development of how an arbitrator’s self-praise and improper research led to setting aside a domain dispute award by …

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Analysing “Dynamic+” Injunctions: Delhi High Court’s Latest Judicial Invention

September 4, 2023 / By SpicyIP / Copyright

On August 9, 2023, the Delhi High Court issued the first ever “Dynamic+” Injunction order in Universal City Studios LLC and Ors v. DotMovies.Baby and Ors, protecting the future works of the plaintiffs from copyright infringement by flagrantly infringing online locations (FIOLs). We are pleased to bring to you a guest post by Reva Satish Makhija analysing the justifications of the court and discussing the potential impact it may have. Reva Satish Makhija is a 3rd Year law student at …

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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines

August 31, 2023 / By Praharsh Gour / Copyright, Design, Geographical Indication, Patent, Trademark

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. The role of these manuals and guidelines is paramount as they help in implementing the provisions of the Statutes and Rules in a more streamlined manner by the officers and give an insight into the functioning of the office. Interestingly, the issue of revising the …

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SpicyIP Weekly Review (August 21- August 27)

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Toothless National Policy on Rare Diseases – Part I Among other things, the government introduced the National Policy on Rare Diseases, 2021 after the intervention by the Delhi High Court. However, as noted by Varsha Jhavar and Surbhi Nautiyal in part 1 of their 2 part …

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SpicyIP Weekly Review ( August 14 – August 20)

August 21, 2023 / By SpicyIP / Copyright, Drug Regulation, Patent, Plant Variety Protection, Trademark

Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. We also had a guest post by Aditya Gupta on the Delhi High Court Division Bench’s order in Google v. DRS Logistics. Anything important we’re missing out on? Drop us a comment below! This Weekly Review is co-authored …

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Jharkhand High Court Quashes Criminal Proceedings Alleging Copyright Infringement Against a Professor

A couple of weeks ago, I discussed the case of a law student in Bengaluru who alleged copyright infringement against two assistant professors. Just a couple of weeks later I’ve now come across news of another student alleging copyright infringement, (Paras Kumar Choudhary vs The State of Jharkhand), but this time a criminal proceeding was instituted against the professor! This was later quashed by the Jharkhand High Court on August 10, 2023. The proceeding was initiated by one Dr. Shambhu …

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Anonymous on Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place
Please note the following errors- 1) "Presently, fees are levied only for filing a post grant opposition (INR 2400 for…
Anonymous on Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India
With permission of the reader, I am pasting a comment that received on the email and my response to the…
Praharsh Gour on SpicyIP Weekly Review (August 21- August 27)
Hi Daanish, Thank you for your comment. The order is certainly an interesting one. We have included the DB order…
Daanish Naithani on SpicyIP Weekly Review (August 21- August 27)
Please also kindly add the decision rendered by the Division Bench of DHC in Dabur India v. Emami Ltd. (21st…
Dr. Kranthi Vardhan on Guest Post: The complex problem of developing modern drugs from Ayurveda
Excellent post MR. PRASHANT, the challenge of modernizing drug development using Ayurveda is indeed a complex one. I appreciate the…