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SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks

/ By / Others

Image source – here The Supreme Court in Brihan Karan Sugar Syndicate Private Limited vs Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana dealing with issues of passing off, acquiescence, underscored the pendency of suits in the Trial Courts in the State of Maharashtra and urged the Bar members’ cooperation with the Trial Courts. The case contains a few notable points that I found worth tidbit-ing. Let’s unfurl the facts: The case involves an appeal challenging an order of the High Court …

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SpicyIP Weekly Review (September 11- September 17)

/ By / 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 Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

/ By / Opportunities, Others, Patent, Trademark

The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The Trademarks Agent Exam is “likely” to be held on January 06, 2024 and the Patent Agent Exam is “likely” to be held on January 7, 2024 in 14 locations- Ahmedabad, Bangalore, Chandigarh, Chennai, Cochin, Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Nagpur, Ranchi, and Vishakhapatnam. Both exams will be conducted in 2 sessions of 2 hours (objective type) and 3 hours (descriptive type) respectively. The eligibility of the candidates …

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Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India

/ By / Others

Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr. underscored that there is a need to supervise or govern patent and trademark agents. Interestingly, the same has also been raised earlier by Prashant, Aparajita, and Praharsh. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be …

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SpicyIP Tidbit: Putting An End To The Delhi Curfew, 18th G20 Meeting Releases its Aspirational Declaration!

/ By / Others

Yesterday concluded the 18th meeting of G20 leaders at New Delhi, India. On 9th September, the Indian G20 portal released G20 Leaders’ Declaration (Declaration) covering a wide range of areas: economy (inclusive growth and circular economy), finance (international taxation, issues in financial sector and money laundering), gender equality, SDGs, AI, and technology.  While there seem to be general commitments made in its preamble, specific aims have been enlisted under each category branching into sub-categories. While perusing through the Declaration, I …

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Journey Through “Augusts” on SpicyIP (2005 – Present)

/ By / Others

Image from here In the previous months, I journeyed through the posts published in “Junes” and “Julys” of decades past on SpicyIP, tracking how some IP stories developed over the years. Whether it is South Asian Basmati Brawls, the much-to-tread trail of transparency, the Statements of Patent (Non-)Working, or the Indian “Bayh Dole” Bill, some stories never cease to beguile us. In this post, let’s continue the journey and sift through SpicyIP’s “August” pages from 2005 to the present and …

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AI and copyright: More developments – human prompts are not ‘direct instructions’

/ By / Others

Image from here. Théâtre D’opéra Spatial. On September 5, 2023, as explained here, the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Previously, in the Thaler case, the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author. This case revolved around the question of whether or not an AI system can be an author. The USCO ruled that it cannot since …

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Have a break, have a KitKat: The chocolate or chanachur?

/ By / Others

Last month, the Calcutta High Court decided a trademark dispute between KitKat (chocolate coated wafers) and KitKat (chanachur – a savoury chickpea snack) after 23 years. For those who may not know, chanachur is a very popular street food/snack which Calcutta is famous for. Street vendors across the city make their own versions of chanachur mixed with fresh onions and spices. While chanachur can be bought from street vendors, it is also sold in packets in retail stores. In 2000, …

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SpicyIP Weekly Review (August 28 – September 3)

/ By / 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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Microsoft Corporation V. Zoai Founder: How an Arbitrator’s Self Praise and Improper Research Led  to Setting Aside a Domain Dispute Award

/ By / Others, Trademark

We are pleased to bring to you a guest post by Akshay Ajayakumar on the Delhi High Court’s order in Microsoft Corporation v. Zoai Founder. Akshay is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC). He is currently a consultant for domain name disputes at Sim and San, Attorneys At Law. His previous posts can be accessed here. Views expressed here are those of …

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