Category Archives: Design

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SpicyIP Weekly Review (August 30 – September 5)

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The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources. He situates this within the larger issue of concentration of judicial power in the hands of the few judges staffing a relevant IP tribunal or…


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Design

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts

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We are pleased to bring you a guest post by Yashi Agrawal on India’s recent accession to the Locarno Agreement, discussing inter alia the resultant amendments to India’s design laws and prospective benefits to India on becoming a part of the Locarno Special Union and Assembly. Yashi is a fourth year student at the Maharashtra National Law University, Nagpur. India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts Yashi Agrawal June 7, 2019 was…


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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB

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One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB. At the outset, let me clarify, I am in no way against the idea of having a dedicated IP court, which will ensure timely disposal of…


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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division

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In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet, the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C. Hari Shankar and Justice Sanjeev Narula. (pg 9) The court is in the process of formulating comprehensive rules for this division. As you may recall,…


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Design Patent

The Examination of the Examiner: Analysing the Delhi High Court’s Recent Observations

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We’re pleased to bring to you a guest post by Aditya Mittal, analysing the recent observations made by the Delhi High Court with respect to the procedure followed by the Government in selection of patent examiners. Aditya works in the patents team of a boutique IP law firm, ALG India Law Offices. He pursued B.Tech from Thapar University, Patiala and then LL.B. (IPR hons) from Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur. The Examination of the Examiner: Analysing…


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Copyright COVID-19 Design Opportunities Patent Trade Secret

Webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ [June 5]

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We’re pleased to inform you that the People’s Health Movement (PHM) and the Third World Network (TWN) are organising a webinar on ‘TRIPS Waiver: Update and Analysis of Recent Developments’ on June 5, 2021. For further details, please see the announcement below. TRIPS Waiver: Update and Analysis of Recent Developments In the last one month we have seen some crucial developments with regard to TRIPS Waiver discussions at the World Trade Organisation (WTO). In early May, the United States government…


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Breaking: President Promulgates Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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IPAB has been in the eye of the storm since its inception. While there are ardent believers of the institution (See here and here), there are equally strong arguments by the ones against it (few of them advanced by the former Chairperson of the institution itself!) (See here here and here). A few months ago, the Executive seemingly laid the debate to rest by introducing the Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposing to scrap IPAB. However,…


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SpicyIP Weekly Review (March 22 – 28)

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Topical Highlight Delhi HC Looks Into Access And Innovation Questions On Rare Diseases In this post, Swaraj analyses an order issued by Justice Prathiba M. Singh of the Delhi High Court with regards to patients suffering from ‘rare diseases’. The order sets out three major directives: a) requiring the government to finalize the long pending National Health Policy for Rare Diseases, b) setting up of a ‘National Consortium for Research and Development on therapeutics for Rare Diseases’, and c) setting…


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Design

Lego Succeeds at EU Level for the Simplest of Reasons

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Earlier this week, the General Court of the European Union (part of the Court of Justice for the European Union or the ECJ) ruled in favour of Lego in Case T-515/19. The Board of the appeal of the EU IPO had declared Legos community design registration number 1664368-0006 corresponding to the description “building blocks for a toy building set”. The Board of the appeal of the EU IPO had overturned a decision of the EU IPO in a cancellation proceeding…


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Copyright Design Geographical Indication Patent Trademark

SpicyIP Weekly Review (March 15 – 21)

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Topical Highlight Sherlyn Chopra Case- Non-Consensual Sharing of Intimate Images/Videos, Obscenity Laws and Copyright Remedies In this post, non-consensual sharing of intimate images or videos from a copyright perspective, in light of the recent case filed against Sherlyn Chopra for sharing obscene content online. She first analyses copyrightability of obscene content. She notes decisions from Israel and England that have used grounds of immorality to deny copyright protection to works. She contrasts this with Indian copyright law where such grounds…


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