Category Archives: Others

Others

SpicyIP Fortnightly Review (Nov 18 – Dec 1)


Topical Highlight Recently, the Delhi HC set aside two interim injunction orders passed against Natco. In a post co-authored by Pankhuri Agarwal and Bhavik Shukla, these orders were identified as a welcome restoration of the three-pronged test for the grant of interim injunctions in India. The earlier orders of Justice Endlaw had done away with the three-pronged test in light of the interests of the patentee. However, the authors note that the three-pronged test must be retained to ensure that…


Read More »
Others

CUSAT Institutes Minor IP Research Project for Teachers


We’re pleased to inform you that The Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT) has instituted a Minor Research Project with the objective of encouraging young teachers from Kerala and the rest of India, to undertake research in the area of intellectual property rights. For further details, please see the announcement below: IUCIPRS Minor Research Project in the Area of IPR for Teachers The Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science…


Read More »
Others

Appreciating the Fundamentals of Trade Secrets Law – I


I discussed a trade secret case law recently. I wrote that I would discuss some of the fundamental aspects from a comparative law perspective. As a prelude, I can only discuss the broad contours of trade secret protection in a blog post. I am limiting the discussion of this post to fundamentals of trade secret protection and US position. I shall discuss the EU position in a later post. If specific questions are asked, I shall try to answer them….


Read More »
Others

Supreme Court Strikes Down Tribunal Rules: Trade Marks Act to Govern IPAB Appointments Again till New Rules are Framed


[This post has been co-authored with Pankhuri Agarwal] Earlier this month, the Supreme Court in Rojer Mathew v. South Indian Bank Ltd. & Ors., struck down the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 (‘Rules’) framed under Section 184 of the Finance Act, 2017 (‘Act’) on the grounds that they impinge on judicial independence and are contrary to the guidelines laid down in cases like RK Jain and Madras Bar…


Read More »
Others

Justice Endlaw’s Lessons on Legal Drafting


Earlier this year, Justice Rajiv Sahai Endlaw made a concluding remark on the “non-essential verbosity” of a plaintiff in a civil dispute [Nikita Gupta v. Alok Gupta (May 21, 2019)]. He observed that the plaint filed therein was a classic textbook case of how not to draft a plaint, which he felt should have been taught in law schools. Justice Endlaw has raised similar concerns in the past even in IP cases. In Vifor (International) v. Suven Life Sciences Ltd.,…


Read More »
Others

SpicyIP Fortnightly Review (November 4 – 17)


Adarsh had previously written two posts on the various misunderstandings surrounding the Plant Varieties Act (“PPV Act“). He had focussed on the Public Notice 01/2019 (“Notice“) published in May 2019, and had pointed out that the Notice was ultra vires. In his third post, he points out that the Notice states that only single cross hybrids could be registered. In his post, he explains how the PPV Act and UPOV allow for registration of registration of multi-parent hybrids too. Divij wrote a…


Read More »
Others

Trade Secret Case Law: Steer Engineering Pvt. Ltd. v. Glaxosmithkline Consumer & Ors.


This is a case on trade secret / confidential information. The Indian jurisprudence on trade secret law is still at a nascent stage. While discussing this case, I am limiting the scope to the issue of protection of trade secret / confidential information only. Facts This is a commercial appeal filed under Section 13 (1A) of the Commercial Courts Act read with relevant provisions of CPC. The Appellant had earlier unsuccessfully pleaded for an interim injunction at the Court of…


Read More »
Others

Bombay High Court Orders ‘Urgent’ Ex-Parte Ad-Interim Applications in IP Matters to be Held in Chambers (Now Revoked)


As per a notice dated November 6, 2019, the Bombay High Court had directed that all urgent mentioning for ex-parte ad-interim applications in IP matters will be held in the chambers of the judge, from November 7, 2019. As per the notice, the matters allowed to be circulated after the in chamber hearing, will be placed on the ‘production list’, which will be heart at 11:00 am on the assigned date. This procedure had been adopted on the directions of…


Read More »
Others Plant Variety Protection

PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia 


We’re pleased to bring to your notice two PhD scholarship opportunities for the Australian Research Council funded project on ‘Food security and the governance of local knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia. The deadline for applications is November 30, 2019. For further details, please see the announcement below: PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia  The aim…


Read More »
Others

SpicyIP Weekly Review (October 21-November 3)


Thematic Highlight Adarsh wrote a two-part post on the various misunderstandings surrounding the Plant Varieties Act (“PPV Act“). In the first part of the post, he focussed on the Public Notice 01/2019 (“Notice“) published in May 2019, which created a compound system for seeking registration of ‘hybrids’ and ‘parental lines’. He points out that the Notice is ultra vires since the Notice has been issued under Section 20 of the PPV Act, which is simply the provision empowering the PPV Authority to examine…


Read More »