Category Archives: Design

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SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts


Recently it was announced that a new roster of judges will take charge of the Delhi High Court’s Intellectual Property Division (IPD), with effect from November 28, 2022 (pdf). The new roster shall comprise Justice C. Hari Shankar, Justice Sanjeev Nirula and Justice Amit Bansal and will take over the division from Justice Prathiba M. Singh, Justice Navin Chawla and Justice Jyoti Singh. The earlier roster was effective from July 4, 2022.  IPD, Delhi High Court was formed on the…


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SpicyIP Weekly Review (November 8-November 15)


We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. Did we miss anything big? Let us know in the comments below!   Highlights of the Week Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders In this post, Nikhil analyses the recent decision…


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Design

Book Release: The Finished Article: Essays on Indian Designs Law


Book cover

We’re pleased to bring to you a guest post by Eashan Ghosh on his second book, recently released titled “The Finished Article: Essays on Indian Designs Law”. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page. He has written several guest posts for us in the past as well,…


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SpicyIP Weekly Review (August 30 – September 5)


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


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


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


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


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


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


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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