Category Archives: Patent

Patent

Never Gonna Give You Up? Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts.


On November 4th, the Madras High Court directed the restoration of two previously ‘deemed abandoned’ patent applications as well as the completion of examination of these restored applications within 6 months. The order, Chandra Sekar v. Controller of Patents and Designs (pdf), appears to be picking up on the not infrequent situations of applications being ‘deemed abandoned’ after apparent negligence from the applicant’s patent agent.  In this case, the applications were ‘deemed to be abandoned’ due to delay in filing…


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Copyright Design Geographical Indication Patent Trade Secret Trademark

SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts


Recently it was announced that a new roster of judges will take charge of the Delhi High Court’s Intellectual Property Division (IPD), with effect from November 28, 2022 (pdf). The new roster shall comprise Justice C. Hari Shankar, Justice Sanjeev Nirula and Justice Amit Bansal and will take over the division from Justice Prathiba M. Singh, Justice Navin Chawla and Justice Jyoti Singh. The earlier roster was effective from July 4, 2022.  IPD, Delhi High Court was formed on the…


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Copyright Drug Regulation Geographical Indication Patent Trademark

Spicy IP Weekly Review (November 22- November 28)


It’s been another IP heavy week for the Indian IP landscape! Here is the last week’s review, discussing the 5 posts published on the blog along with summaries of 16 IP cases from Delhi High Court and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights of the Week Copyright and Classical Music: Not the Best Fusion? Akshat…


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Patent Trademark

SpicyIP Tidbits: Request for an Interim Order in Nokia-Oppo SEP Case Refused; Unclean Hands Doctrine Used in Medicinal Product Trademark Case


[The post is co-authored by Swaraj Barooah and Praharsh Gour]  The past week saw the Delhi High Court passing two significant orders pertaining to medicinal trademarks and SEPs. We’re still going over the orders and hope to bring out a more detailed assessment of both of these orders in the near future, however, for the time being here’s a quick overview. As always, any additional details or thoughts from readers are welcome!  Sun Pharmaceutical Industries Ltd. vs Dwd Pharmaceuticals Ltd…


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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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Innovation Patent

From Creating Patent Ecosystem to Building National Innovation System for Industrial Growth


We are pleased to bring to you a guest post by Prof. (Dr.) Ruchi Sharma. Dr. Ruchi Sharma is a Professor of Economics in the School of Humanities and Social Sciences at IIT Indore. Her research area is the Economics of Innovation with specific focus on R&D, Patent Policy, and Technology Transfer (FDI and Licensing). This post focuses on the need to facilitate data access by IPO for the betterment of the national innovation system. This is in view of…


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Copyright Design Patent Trademark

SpicyIP Weekly Review (November 8-November 15)


We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. Did we miss anything big? Let us know in the comments below!   Highlights of the Week Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders In this post, Nikhil analyses the recent decision…


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Patent

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications.


Delhi High Court clarifies the position on the jurisdiction of High Courts after the Tribunal Reforms Act [Note: The present tidbit is from a quick skim of this order and we’ll try to bring out a detailed assessment soon.] To address issues pertaining to jurisdiction of High Court(s) in aftermath of scrapping Intellectual Property Appellate Board (IPAB) via the Tribunals Reforms Act, 2021, Delhi High Court passed an order clubbing three matters together. The three cases pertained to revocation of…


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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 Drug Regulation Patent Trade Secret Trademark

Leaked Draft of IP Chapter of India UK FTA Shows Ridiculous TRIPS plus norms in Negotiating Text


India’s negotiations for a new Free Trade Agreement (FTA) with the UK has been the talk of the town for a better part of 2022. From the widely popularized Diwali deadline, agreed by Prime Minister (s) Modi and Johnson, to the controversial comments by the UK Home Secretary Braverman on Indians overstaying their visas, the FTA negotiations have constantly been in the news. However, in the surrounding talk of progress and supposed benefits of the FTA, coverage of contentious issues…


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