Category Archives: Geographical Indication

Zolgensma and the Inadequacies of the Compulsory Licensing Regime In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Breaking down the 3 tests of reasonably meeting the requirements of public, reasonable affordability and…

SpicyIP Weekly Review (September 20- 26)

by Nikhil Purohit September 27, 2021

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ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity In this post, Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR ASĀVA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order. Adyasha first provides the factual background and the reasons behind the Single Judge’s refusal of the interim injunction. She notes that the Single Judge agreed with the…

The End of the IPAB and Lessons on Concentration of Judicial Powers

by SpicyIP September 1, 2021

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We’re pleased to bring to you this guest post by our former and one of the most prolific bloggers, Prashant Reddy. The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant Reddy India’s much troubled Intellectual Property Appellate Board (IPAB) was officially buried on August 14, 2021 when the President of India gave his assent to the Tribunals Reforms Act, 2021 enacted by Parliament. With the enactment of this law, the jurisdiction of the IPAB moves back…

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

by Praharsh Gour July 26, 2021

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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…

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System

by SpicyIP July 26, 2021

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As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report…

SpicyIP Weekly Review (July 5-11)

by Adyasha Samal July 12, 2021

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Topical Highlight IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations…

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

by Varsha Jhavar July 7, 2021

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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,…

Geographical Indication Patent

NUJS Webinar on ‘IPR& SMEs (Special Focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ (April 25)

by SpicyIP April 21, 2021

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We’re pleased to inform you that DPIIT IPR Chair, NUJS is organising a webinar on ‘IPR & SMEs (Special Focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ on 25th April, 2021. For further details, please see the announcement below: National Webinar on ‘IPR& SMEs (Special focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ 25th April 2021 | 4:00 PM – 6:00 PM (IST) SMEs are the backbone of the global economy. They account for around 90 percent…

The Compilation of the Decade of SpicyIP Posts on IPAB

by Swaraj Paul Barooah April 8, 2021

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[Co-authored/compiled with Praharsh Gour] Earlier this week, Praharsh blogged about the IPAB finally being scrapped through an ordinance, with its powers / duties transferred to High Courts and Commercial courts (for copyright matters). Long time readers may recall that Prof Shamnad Basheer, after pointing out various issues with it, had first started asking for the IPAB to be shut down 11 years ago, in this post titled “Pondering the legal competence of the IPAB”. Note the following lines – more…

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

by Praharsh Gour April 5, 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,…

Deepveer { Apart from the fact that the SC has now left everything open, the comment here is thoroughly off-base. In fact, the DB was wrong on two critical counts:... }
Ajay { Delhi HC needs to relook at confidentiality club rules as it is getting misused. A law firm abused this to harrass a whistleblower. Details are at https://nishithdesaiassociates.wordpress.com/2021/08/04/anuradha-v-bajrangi/ }
Anon { Hi, you say that "the Court affirmed that advertisements triggered by third-party trademarks will lead to confusion regarding the origin of the goods and services advertised." Are you... }
Sandip Bose { Very helpful review. Thanks for sharing. }
Asif Iqbal { "qualitatively not substantial to the original work". Isn't this argument conflicting with the position taken in this article?. Highlights are the key moments in a game. }

De-Coding Indian Intellectual Property Law

Category Archives: Geographical Indication

SpicyIP Weekly Review (September 27 – October 3)

SpicyIP Weekly Review (September 20- 26)

The End of the IPAB and Lessons on Concentration of Judicial Powers

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

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System

SpicyIP Weekly Review (July 5-11)

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

NUJS Webinar on ‘IPR& SMEs (Special Focus on Agriculture & Food Sector): Strengthening Bonds in Prime Times’ (April 25)

The Compilation of the Decade of SpicyIP Posts on IPAB

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