Design

Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled!

/ By / Design, Patent

Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.” The reason for such a move is stated as “to ensure fairness, credibility, and transparency in the recruitment process.” But it is surprising to see that the public notice neither specifies what these irregularities and technical glitches were nor does …

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

/ By / 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 (July 24 – July 30)

/ By / Biological Diversity, Competition Law, Copyright, Design, Opportunities, Patent, Trademark

Last week saw some pretty interesting discussions on the blog.  Detailed posts analysing the recently-pronounced landmark judgements in Ericsson v CCI and Krishna Kishore Singh v. Sarla & Others were published along with a quick post on DPIIT’s notice over collection of royalties by copyright societies.  This weekly review is co-authored with SpicyIP Intern Yashna Walia. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Highlights of The Week SpicyIP Tidbit: The …

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A Law Student’s Account of Attending the Virtual Open Houses of the CGPDTM: Part I

/ By / Design, Patent

Everyone would agree that administration and case management are essential for the overall functioning of any judicial or quasi-judicial institution. However, as straightforward as it may sound, accomplishing these fronts is not an easy feat. Various posts on this blog have highlighted different aspects positive and negative across the years, with the most recent example being this blogpost by Mr Raja P. Selvam here. So how are the authorities responding on this front? Readers may recall that in May 2023, …

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CGPDTM to Continue Daily Open House Sessions to address Grievances/Suggestions on IPR Issues

/ By / Copyright, Design, Geographical Indication, Patent, Trademark

Image from here Attention all intellectual property enthusiasts! On some exciting news on the transparency front, the Office of the Controller General of Patents, Designs and Trademarks has recently announced daily Open House sessions. These sessions began in October 2022 (see the December notice here) and will now continue on a daily basis. The sessions will be held on a daily basis from 4.30 PM to 5.30 PM via WebEx. These Open House sessions will address various IPR grievances and …

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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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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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SpicyIP Tidbit: Delhi High Court says Registration of a Design can be Prima Facie Proof of Validity.

/ By / Design

On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd, the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario! The plaintiff claims that the registered design of a disposable female urination device titled “Pee Buddy” has been infringed by defendant who allegedly manufactures and sells identical devices under the name “Namyaa”.  The first point is the court’s remark that …

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SpicyIP Weekly Review (March 20-March 25)

/ By / Copyright, Design, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Niranjana Biju. Niranjana is a second-year student pursuing B.A. LL.B. (Hons.) from NUALS, Kochi. She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution.] Here are the quick summaries of the 3 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include …

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SpicyIP Weekly Review (February 27-March 4)

/ By / Copyright, Design, Patent, Trademark

[The weekly review is co-authored with SpicyIP intern Tanvi Agarwal] Here are the quick summaries of the 7 cases and other 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! Case Summaries  Delhi High Court injuncts defendant from using “Sona” however, imposes costs worth 10 Lakhs on the plaintiff for concealing material facts. Case: Sona Blw Precision Forgings Limited & Anr. V. Sona Mandhira Pvt. …

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