This week’s thematic highlight is a guest post by Mr. Adarsh Ramanujan, who is an advocate with Lakshmikumaran & Sridharan, New Delhi. Adarsh discusses the recent amendment to Implementing Regulations to the European Patent Convention (EPC). The amendment makes plants and animals that are exclusively obtained through an essentially biological process, non-patentable. He notes that although the amendment is significant for the EU, given that prior to the amendment such plants and animals were patentable, this has limited implication for India. He…

Thematic Highlight: Prashant discussed a recent Delhi HC case involving engineering drawings and their reproduction in 3D form. The defendant got away from the plaintiff’s copyright infringement claim on account of S.15(2) allowing for exemption to design infringement in cases where production crossed 50 units. Prashant argues that the engineering drawings do not constitute “designs” in the first place and therefore, the court misinterpreted S.15(2). Then, he proceeds to further argue that one cannot prevent another from manufacturing the content of…

SpicyIP Weekly Review (July 16 – 22) Divij Joshi The first thematic highlight for this week was Harshvardhan’s exploration of the ‘goodness’ of trademarks, in his two–part post. Harshvardhan highlights the cultural role of trademarks and explores how the law treats trademarks not merely as an indicator of goods, but also of ‘goodness’, sometimes by seeking to restrict immoral or pejorative trademarks. Harshvardhan builds the argument that a trademark must be based on something more than distinctiveness, and it must satisfy a…