Category Archives: Trademark

Copyright Others Patent Trademark

SpicyIP Weekly Review (February 1-7)


Thematic Highlight An Alternative to Delhi HC’s Approach on Confidentiality Clubs in InterDigital-Xiaomi SEP Dispute In this guest post, Abhilasha analyses the recent Delhi High Court decision on confidentiality clubs in InterDigital v. Xiaomi. She first lays down the background in which confidentiality clubs have originated in the Indian IP litigation. She particularly emphasises on the balancing of interests carried out by Delhi High Court in the Vestergaard judgment while creating a confidentiality club. She then analyses the decision in…


Read More »
Copyright Design Patent Trademark

SpicyIP Weekly Review (January 25 – 31)


Topical Highlight The Delhi High Court Judgement in the IPRS Case (2021) In this post, Adarsh Ramanujan analyses the Delhi High Court’s recent judgment in IPRS v. Entertainment Network (India) Ltd. The judgment has been appealed, and the Division Bench has issued notice in the matter, with the interim direction that the judgment from the Single Judge will not be treated as a precedent in other proceedings. Adarsh points to the Court’s finding that IPRS took self-contradictory legal positions in the two suits considered in the…


Read More »
Biological Diversity Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (January 4 – 10)


Topical Highlight Issues in Sci-Hub Case ‘A Matter of Public Importance’ In this post, Swaraj highlighted some issues that came up during the hearing of the recent litigation, involving Elsevier, Wiley, and ACS suing Sci-Hub and LibGen for copyright infringement. He observed that it was a positive step for Justice Midha of the Delhi High Court to repeatedly point out that case was ‘a matter of public importance’, and he would not want to pass any orders without hearing the various…


Read More »
Copyright Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (December 28 – January 3)


Topical Highlight Sci-Hub and Libgen Up against Academic Publishers: A Death Knell for Access to Research? – Part I In this three-part post, Nikhil dissects the ongoing copyright litigation in the Delhi High Court by three big publishing houses, namely Elsevier, Wiley and ACM against the shadow libraries Libgen and Sci-Hub, alongwith the interpretive issues before the court. In Part I, he explains the background of the dispute and analyses the dynamic injunction plea sought by the plaintiffs. He argues that a thorough…


Read More »
COVID-19 Trademark

Tenability of Passing Off Action against ‘Covishield’ Vaccine of Serum Institute of India


As you are aware of, Covishield, the vaccine candidate of Serum Institute of India was approved by Drug Controller General of India for restricted emergency use today. Pertinently, a passing off suit was filed against Serum Institute of India by a Nanded-based pharmaceutical company Cutis Biotech last month, which claimed to be the lawful and the prior user of the trade name ‘Covishield’. The trademark applications, which were filed by the Cutis Biotech and the Serum Institute of India, are…


Read More »
Copyright Geographical Indication Patent Trade Secret Trademark

A Look Back at India’s Top IP Developments of 2020


(This post has been co-authored with SpicyIP Fellows Adyasha Samal, Anupriya Dhonchak and Nikhil Purohit.) Here’s wishing all our readers a very happy, safe and healthy new year! Unfortunately, many traditions worldwide had to be broken the past year, but here at SpicyIP we’re glad to continue our annual tradition of recounting all the significant developments that impacted the Indian IP landscape in 2020. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top…


Read More »
Copyright Geographical Indication Others Patent Plant Variety Protection Trademark

The Legality of the Appointment of the 5 Technical Members to the IPAB


Prashant Reddy, one of our most prolific bloggers, is back with a guest post, questioning the legality of the appointment of the 5 Technical Members made to the IPAB earlier this year. The Legality of the Appointment of the 5 Technical Members to the IPAB Prashant Reddy Continuing from Praharsh’s earlier post on the Supreme Court’s judgment on the legality of the Tribunal Rules, 2020, I would like to briefly comment on the legality of the appointments of the 5…


Read More »
Copyright Others Patent Trademark

SpicyIP Weekly Review (December 21 – 27)


Topical Highlight Time to More Seriously Question the Spectre of Copyright in the Realm of Education Swaraj reported that SciHub and LibGen were taken to court by Elsevier UK, Wiley India, Wiley Periodicals USA, and American Chemical Society for copyright infringement, seeking a dynamic injunction. He highlights several issues that are likely to gain attention regarding this dispute – the contrast between the heavy profit-making, increasingly online model of the publishers and Sci-Hub and LibGen’s complete non-profit, no charge, no…


Read More »
Copyright Geographical Indication Others Patent Plant Variety Protection Trademark

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions


Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court passed a detailed judgement in Madras High Court Bar Association v. Union of India last month, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (or Tribunal Rules 2020). Among other things, the decision is crucial for its observation on appointment of the Chairpersons, Vice-Chairperson and Technical Members to…


Read More »
Trademark

IPAB’s Order Staying ‘N95’ Trademark Registration Highlights Systemic Failures


Introduction In an order earlier this month, the IPAB issued an interim stay of the operation of the trademark registration for the word ‘N95’ (registration number 4487559 in class 10). The IPAB prima facie held that ‘N95’ is a generic word and could not have been registered under section 9 of the Trade Marks Act. I have no comment on the outcome of the order, and frankly, it is doubtful whether the registration would survive a final hearing. There have…


Read More »