Category Archives: Trademark

Copyright Others Patent Trade Secret Trademark

SpicyIP Weekly Review (September 13-19)

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Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed” In this post, Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. He first summarises the findings of the Division Bench. He then noted the court’s ruling that the subject matter of…


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Copyright Design Patent Trademark

SpicyIP Weekly Review (August 30 – September 5)

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The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant wrote about how the now scrapped IPAB has always been in the news for mostly the wrong reasons, ranging from a lack of independence to a lack of appointments to poor quality of appointments to illegal appointments to a lack of resources. He situates this within the larger issue of concentration of judicial power in the hands of the few judges staffing a relevant IP tribunal or…


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Copyright Geographical Indication Patent Trademark

The End of the IPAB and Lessons on Concentration of Judicial Powers

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We’re pleased to bring to you this guest post by our former and one of the most prolific bloggers, Prashant Reddy. The End of the IPAB and Lessons on Concentration of Judicial Powers Prashant Reddy India’s much troubled Intellectual Property Appellate Board (IPAB) was officially buried on August 14, 2021 when the President of India gave his assent to the Tribunals Reforms Act, 2021 enacted by Parliament. With the enactment of this law, the jurisdiction of the IPAB moves back…


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Copyright COVID-19 Drug Regulation Innovation Patent Trademark

SpicyIP Weekly Review (August 23 – 29)

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Topical Highlight Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off In this guest post, Kedar Ganesh Dhargalkar analyses the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. The Defendant Sun Pharmaceuticals Industries Ltd. allegedly infringed the Plaintiff Cipla Ltd.’s copyright and registered trademark by thrusting its deceptively similar goods and flooding the…


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Copyright Innovation Others Patent Trademark

Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!

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Pic of Shamnad Basheer

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14th, 2021 we announced the 2nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad‘s 45th birth anniversary. Like last year, 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. This year, we received fewer…


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Trademark

Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

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An image of the comparative advertisement made by Domex

We’re pleased to bring to you a guest post by Pragya Jain. Pragya is a 5th year B.A. L.L.B.(Hons.) student at Amity University (School of Law), Kolkata. Her previous guest post on the blog can be viewed here. Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use? Pragya Jain Advertising is an important factor in deciding a product’s future success. It is common knowledge that it is the most effective and proven method of attracting new customers in the…


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Copyright Patent Trademark

Delhi HC IP Division Rules: An Opportunity to Strengthen Procedural Framework

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We’re pleased to bring to you a guest post by Eva Bishwal. Eva is a Senior Associate at Fidus Law Chambers, a boutique IP law firm in Noida. IP Division Rules: An Opportunity to Strengthen Procedural Framework Eva Bishwal The abolition of the IPAB and the creation of the IP Division (‘IPD’) in the Delhi High Court have been extensively discussed here and  here. In this post, I will discuss the foreseeable problems of the new order and the scope…


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COVID-19 Trademark

Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off

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An image of a packet containing Cipla's Duolin Repsule

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off Kedar Ganesh Dhargalkar In the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., the ever-evolving path of trademark jurisprudence witnessed a modernistic turn, which put its discourse on an intriguing juristic boulevard. This…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (August 16 – 22)

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PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes In a guest post, Satchit Bhogle covered the issue of infringement of personality rights. Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue….


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Copyright COVID-19 Drug Regulation Patent Privacy Trademark

SpicyIP Weekly Review (August 9 – 15)

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Topical Highlight Ensuring Access to TB drugs: Is Compulsory License the Way? In this post, Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. They discuss the facts and figures surrounding multidrug-resistant tuberculosis in India as well as…


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