This two part series looks at a case from late 2020, dealing with pre-grant oppositions. The first part questioned the relevance of educational and professional qualifications of pre-grant opposition filers, in context of the literal and contextual interpretation of ‘any person’ in the existing legislation requiring an expansive reading. This post will continue that discussion by asking where the backing is for the reasoning behind a narrower interpretation, as well as highlighting the policy significance of having (literally) ‘any person’ being…

Patent

The Curious Question of Who Is An “Any Person” Part 1: BHC and Diluting of Pre-Grant Oppositions

by Swaraj Paul Barooah April 22, 2022

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image showing synonyms of 'any person' on a cartoon dinosaur

A recent order by the Delhi High Court in the case of Agriboard International Llc vs Deputy Controller Of Patents brought up the very relevant issue of the requirement of the Patent office to issue “speaking orders” while rejecting a patent application. Indeed, this is an important requirement and we will look to cover this decision in a blog post soon. However, discussing this case brought to mind the issue of safeguards for ensuring high patent quality. And combined with…

Opportunities Sponsored

[Sponsored] LexisNexis to Celebrate World IP Day with Daily Webinars

by SpicyIP April 22, 2022

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We’re pleased to inform you that LexisNexis will be conducting daily webinars from April 25 to April 29 to celebrate the upcoming World IP Day. For details, please see their announcement below: LexisNexis to Celebrate World IP Day with Daily Webinars As a forward-thinking organization, the role IP plays in fostering fair and responsible innovation for all—and how it cultivates the spirit of innovation in the next generation—are key topics for our team at LexisNexis Intellectual Property Solutions. That is…

A (More!) Problematic Plagiarism: Thinking About The Allegations Against UGC

by SpicyIP April 16, 2022

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We’re pleased to bring you a guest post by Lokesh Vyas thinking through the implications of ‘authoritative’ bodies engaging in plagiarism or lifting of content, as he looks at the recent allegations of plagiarism against the University Grants Commission. Lokesh is an LLM Candidate (IP and Technology) at American University Washington College of Law (AUWCL), Arcadia Fellow at PIJIP, and Arodhum Scholar, 2021. He graduated from the Institute of Law Nirma University, Ahmedabad in 2021. You can find his earlier…

PPL’s Revival or Reincarnation?

by SpicyIP April 15, 2022

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We’re happy to bring you a guest post by Akshat Agrawal on a recent order by the Delhi High Court in the matter of RMPL v. PPL regarding the conflict over registration as collecting societies. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. He has previously written for us here, here, here and here. PPL’s Revival or Reincarnation? Akshat Agrawal In a recent order dated 11th April 2022, passed by…

Courses & Workshops Patent

Awareness Workshop on Patent Oppositions in the Pharmaceutical Field [April 20-22; Apply by April 15]

by SpicyIP April 12, 2022

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We’re pleased to inform you that Inter University Centre for IPR Studies (IUCIPRS), CUSAT and Third World Network are jointly organising a free Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field from 20th to 22nd April, 2022. For further details, please see the announcement below. Beginners’ Awareness Workshop on Patent Oppositions in the Pharmaceutical Field Inter University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT) and Third World Network are jointly organising a Beginners’…

Trademark

RPG Enterprises v. Riju Ghoshal: Bombay High Court Looks at Sections 29(4) and 29(5) of Trade Marks Act

by SpicyIP April 9, 2022

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We’re pleased to bring you a guest post by Ujjawal Bhargava on a recent order from the Bombay High Court in the matter of RPG Enterprises v. Riju Ghoshal and Anr, dealing with well known marks, and infringement under the Trade Marks Act, 1999. Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. RPG Enterprises v. Riju Ghoshal: Bombay High…

Others Trademark

Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection

by Namratha Murugeshan April 5, 2022

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In January, the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. While the case has been settled, it provides an interesting example of how the boundaries of trademark protection are often tested by claimants seeking the enforcement of their rights. Background The case…

News and Views: Copyright Hues and Authors’ Dues

by SpicyIP March 28, 2022

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We’re pleased to bring to you this guest post by our former fellow Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here, here, here and here. News and Views: Copyright Hues and Authors’ Dues Aparajita Lath Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for…

Opportunities Patent

Webinar on ‘Is the Leaked TRIPS Waiver Text a Loss for India?’ [March 30]

by SpicyIP March 28, 2022

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We’re pleased to inform you that Jan Swasthya Abhiyan (JSA), People’s Vaccine Alliance (India) and Campaign for Access to Medicines, Diagnostics and Devices (CAMD-India) would like to invite you to a webinar on “Is the leaked TRIPS Waiver text a loss for India?” to discuss the critical issues in the leaked text on 30th March, 2022. For further details, please see the announcement below: Webinar on ‘Is the leaked TRIPS Waiver text a loss for India?’ The World Trade Organization…

Sandeep { I think it would be worthwhile to see how a very zealous TM campaign is run ... }
Akshat Agrawal { Another extract from an interesting discussion on the post elsewhere (with consent of the discussant): Shreyak Patnaik: The article was very nice! I have personally also have had... }
Akshat { This comment is reproduced from an interesting discussion on this post elsewhere (with the consent of the discussant): Sandhya Surendran: Nicely analysed, Akshat. However, I’d like to perhaps... }
Praharsh Gour { Dear sir, Thank you for sharing the case. This new order does answer the question that though PI is a dominant factor, it's not the only factor that... }
Sandeep { Praharsh: Do look at another Sun ruling on the same time: https://indiankanoon.org/doc/108341808/ }

De-Coding Indian Intellectual Property Law

The Curious Question of Who Is An “Any Person” Part 2: Where’s The Data?

The Curious Question of Who Is An “Any Person” Part 1: BHC and Diluting of Pre-Grant Oppositions

[Sponsored] LexisNexis to Celebrate World IP Day with Daily Webinars

A (More!) Problematic Plagiarism: Thinking About The Allegations Against UGC

PPL’s Revival or Reincarnation?

Awareness Workshop on Patent Oppositions in the Pharmaceutical Field [April 20-22; Apply by April 15]

RPG Enterprises v. Riju Ghoshal: Bombay High Court Looks at Sections 29(4) and 29(5) of Trade Marks Act

Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection

News and Views: Copyright Hues and Authors’ Dues

Webinar on ‘Is the Leaked TRIPS Waiver Text a Loss for India?’ [March 30]