Category Archives: Others

Copyright Geographical Indication Others Patent Trademark

Spicy IP Weekly Review (November 16- November 21)

Here is our weekly review containing briefs of posts from the past week, 22 case summaries, and a few national and international IP developments. Do let us know in case you think we missed out on anything!       Highlights of the Week Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Aparajita writes about the need of higher scrutiny while comparing competing marks in pharmaceutical products for similarity and confusion. She highlights that despite an order from the Supreme…

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Others Trademark

Delhi High Court on “Fly Higher” in Frankfinn v. Vistara

In Frankfinn Aviation Service Private Limited v. Tata SIA Airlines, the Delhi High Court vacated the ex parte interim injunction (granted vide order dated 21 January 2022) where the High Court restrained Vistara from using “Fly Higher” in its advertisements, logos etc. In its order dated 28 October 2022, the High Court vacated the interim injunction on various grounds. I intend to confine the discussion to  the two fundamental grounds relied upon by the High Court. Vistara did not use…

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Others Trademark

Pharmaceutical trademark confusion: Poison Pill or Public Health?

Early in 2001, the Supreme Court laid down legal standards to be followed by lower courts in pharmaceutical trademark infringement and passing off disputes. The court cautioned that ‘drugs are poisons, not sweets’ and in this vein, set high / strict standards for assessing similarity and confusion in pharmaceutical trademark disputes. To be sure, these standards are not the same as those applicable to non-medical products. The requirement for having a stricter standard for medicines is almost obvious. Confusion between…

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Opportunities Others Publication

Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. 13 [Submissions by December 30, 2022]

We are pleased to announce that  NALSAR’s Indian Journal of Intellectual Property Law (IJIPL)  is inviting submissions for its 13th Volume, which shall tentatively be released in July 2023. The last date for submission of entries is 30th December 2022.  For further details, please read the call and the guidelines below : Call for Submissions: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. 13  The Indian Journal of Intellectual Property Law (IJIPL) is the flagship intellectual property law journal…

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Copyright Drug Regulation Geographical Indication Others Patent Trade Secret Trademark

SpicyIP Weekly Review (November 1- November 7, 2022)

Dear readers, as you may have noticed, after a bit of a slowdown, SpicyIP is once again picking up steam and we will be looking to bring you the spicy IP updates that you have been used to! On that note, SpicyIP is happy to let our readers know that we’re restarting our weekly reviews. The weekly reviews will consist of short reviews of the past week’s blogposts, as well as caselaw from the previous week that we have been…

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Copyright Innovation Others Overlaps in IP

Announcing the Winners of the 3rd Shamnad Basheer Essay Competition on IP Law!

A picture of Prof Shamnad Basheer

We are very happy to announce the results of the 3rd Shamnad Basheer Essay Competition on IP Law! The annual essay competition was earlier announced on 14 May 2022,on the occasion of Shamnad‘s 46th birth anniversary. Like previous years, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP. And encouraged participants to draw inspiration from Shamnad’s scholarship. We received several excellent submissions across a various…

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Copyright Others

Despite Expert’s Submissions No Clarity on Section 52(1)(za) of Copyright Act, as Parties Settle!

In May, 2022, we reported that the Delhi High Court appointed Prof. Arul Scaria, under Rule 31 of the IP Division Rules 2022, as an expert in a copyright dispute, for assistance in interpreting the nuances of Section 52(1)(za) of Copyright Act. Now after almost five months since the appointment, the Court has passed an order (pdf) stating that the parties to the dispute have settled the matter out of court. (Note: I couldn’t find a record of the terms…

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Others Sponsored

[Sponsored] Faculty at UNH Franklin Pierce On Emerging Spheres of IP law.

Photo of UNH Franklin Pierce

We’re pleased to bring to you this post by UNH Franklin Pierce, wherein different faculty members at the law school discuss what they see as the emerging spheres of IP law. Note: this is a sponsored post. We asked faculty at UNH Franklin Pierce to predict emerging spheres of IP law. This is what they said. Founded by inventors and entrepreneurs, the University of New Hampshire Franklin Pierce School of Law (UNH Franklin Pierce) is an Intellectual Property powerhouse, committed…

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Others Patent

State’s Inaction, Petitioner’s Death Makes Kerala High Court to Take Suo Moto Cognizance of Ribociclib’s Unaffordability

Recently, the Kerala High Court took suo moto cognizance of a drug’s unaffordability, following the unfortunate passing away of the petitioner who had earlier made a pleading for the government to use the Patent Act levers to curb the rising prices of a life-saving drug (pdf). The drug in question here is Ribociclib, which is available under the brand name(s) Kisqali (in the USA) and Kryxana (in India) and is used to treat certain kinds of breast cancer. The Court…

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Drug Regulation Innovation Others

AI/ML Medical Devices, Regulation and Sunrise in the West

Policy makers have often been caught off guard with new age technology. Technology emerges and evolves rapidly and regulations are slow to catch up. This cat and mouse game continues with another fast emerging and disruptive technology – AI / ML based medical devices. The US and EU are seeing waves of regulatory and policy level curiosity in AL / ML medical devices. The timing for these interventions also seems right. While many devices have been launched, this technology is…

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