Spicy IP Weekly Review (November 22- November 28)

/ By / Copyright, Drug Regulation, Geographical Indication, Patent, Trademark

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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Forzest v. Folzest: DHC’s Quest for Setting the Balance Right

/ By / Trademark

A few days ago, Aparajita highlighted the need for a cautious approach by our courts while deciding on interim injunction applications in trademark disputes surrounding medicinal products. She discussed the underlying public health argument in such matters, which courts have frequently overlooked. However, the recent Delhi High Court order in Sun Pharma v. DWD Pharmaceuticals, confirming an ex parte interim injunction on account of public interest, presents a case that may fall on the other side of this spectrum. Despite …

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Copyrighting The Uncopyrightable – The NSE Saga

/ By / Copyright

We’re pleased to bring you a guest post by Kartik Sharma and Aditya Singh, analysing copyrightability of datasets in light of the recent controversy surrounding NSE’s issuance of C&D notices to many stock gaming apps.  Kartik and Aditya are 2nd year students at NLSIU, Bengaluru, and had earlier written for us here and here. Copyrighting The Uncopyrightable – The NSE Saga Kartik Sharma and Aditya Singh In the last week of October, NSE proceeded to issue cease and desist notices to stock gaming …

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combined pic of varaha roopam, and thaikuddam bridge

Copyright and Classical Music: Not the Best Fusion?

/ By / Copyright

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the recent Kantara – copyright issue that’s been on the news. Akshat Agrawal is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court. He is also a trained Indian Classical Musician from the Prayag Sangit Samiti, Allahabad and the KM Music Conservatory, Chennai. He’s written several posts …

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

/ By / Patent, Trademark

[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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Book Review: ‘The Truth Pill: The Myth of Drug Regulation in India’

/ By / Drug Regulation

We are thrilled to review Prashant Reddy’s new book on the Indian drug regulatory system! Co-authored with Dinesh Thakur their book – The Truth Pill – The Myth of Drug Regulation in India  was released this October. Given that drug regulation has a direct nexus to public health, maybe even more than patents, several years ago, Shamnad, Prashant and Sai started a new initiative on SpicyIP to throw more light on India’s drug regulatory framework. Since then such issues have …

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Spicy IP Weekly Review (November 16- November 21)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

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

/ By / Others, Trademark

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

/ By / Innovation, Patent

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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Pharmaceutical trademark confusion: Poison Pill or Public Health?

/ By / Others, Trademark

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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