Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court

/ By / Others

In Humanity Life Extension LLC v. Union of India, the Delhi High Court refused to read Rule 49.6 of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The Controller of Patents had earlier declined to entertain the petitioner’s national phase application on the ground that it breached the statutory deadlines set out in the amended […]

Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court Read More »

Gazing at Substantive vs Procedural Rights in the Light of SAP Se vs Swiss Auto Products and Anr

/ By / Trademark

[This post is authored by SpicyIP Intern Varsha Sharma. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.) from Jindal Global Law School, Sonipat.] In this post, I will be dwelling on the aspect of vested substantive rights encompassed within procedural rules, from the perspective of the recent controversy raised in SAP Se vs Swiss Auto Products and Anr. The case revolved around SAP Se (Appellant) trying to furnish new evidence according to the Trademark Rules, 2002.

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Trademark Registry Files Latest Data on Oppositions Before the Delhi High Court

/ By / Trademark

Data on the pendency and disposal of applications and oppositions are extremely crucial to understand the effectiveness of the Indian Patent Office and the Trademarks Registry. But accessing the latest data on the performance of these institutions has been a herculean task. Leaving aside the fate and quality of responses to RTI applications seeking this information (discussed extensively here), the Annual Reports of the Controller General’s office, presumably carrying all the necessary data, are uploaded on a yesteryear basis. So,

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Modern Foods v. Modern Snacks: A Pragmatic Approach to Trademark Infringement Suit Injunctions

/ By / Trademark

[This post is authored by our former blogger Rahul Bajaj. Rahul is an attorney at Ira Law.] When assessing whether a plaintiff in a trademark infringement suit is entitled to an interim injunction, the findings of courts on the 3 factors of prima facie case, balance of convenience and irreparable harm are typically uniform, either supporting the grant of an injunction or its refusal. However, the July 2023 judgment of the Delhi High Court in Modern Foods v. Modern Snacks

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SpicyIP Weekly Review (July 31- August 6)

/ By / Copyright, Others, Patent, Trademark

Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put out the second post in our ‘SpicyIP Flashback’ series. Praharsh discussed an interesting development in Karnataka where a Court granted an interim injunction to a law student against 2 law assistant professors, on copyright infringement claims. Anything important we’re missing out on? Drop us a comment below!  Highlights of the Week Cinematograph (Amendment) Act, 2023:

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SpicyIP Tidbit: Law Student Claiming Copyright Infringement Gets an Interim Injunction Against 2 Law Asst. Professors

/ By / Copyright

Ask anyone in academia what’s their worst nightmare. And probably, they’ll respond by saying “plagiarism.” Many face it, but only seldom do we hear stories where someone does something about it. Sharing one fascinating story here, a law student sued a law college, two of its professors and the editor of a journal alleging copyright infringement. The suit was instituted by Aathira Mannath A. (plaintiff), who alleged that earlier in 2023, she had participated in the “Global Jural Conclave 2023”

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Journey Through “Julys” on SpicyIP (2005 – Present)

/ By / Others

Last month, while sifting through the pages of “Junes” on SpicyIP, I pored over some old posts to see what has or has not changed in these years. Whether it’s P.H. Kurian’s trail of transparency, discussions about authors and copyright societies, updates on the international IP landscape, or the hustle and bustle of the domestic IP domain, including Statements of Patent (Non-)Working, the journey through Junes had its own jilts and joys. Now, once more, guided by Sankofa sense, I set

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High Court cannot sit in appeal under Section 91 of the TM Act against the administrative panel decision of WIPO, says Delhi High Court

/ By / Others

The Delhi High Court, by order dated 19 July 2023 in Ashwa Ghosh v Vizrt Ag and Others, held that the High Court cannot hear appeal under Section 91 of the Trademarks Act against the decision of the WIPO Administrative Panel. Section 91 provides for appeal to the High Court against the order or decision of the Registrar of Trademarks. In the given case, the High Court refused to invoke Section 91 on the ground that the Administrative Panel of

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[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)

/ By / Opportunities, Sponsored

We are pleased to inform you that the Centre for Innovation, IP and Competition (CIIPC), National Law University, Delhi is inviting applications for the position of Research Programme Coordinator. The last date to apply is August 12, 2023. For more detail please read the announcement below. Call for Applications – Research Programme Coordinator The National Law University Delhi (‘University’), through its Centre for Innovation, IP and Competition (CIIPC), is seeking to engage a Research Programme Coordinator for one year on

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Cinematograph (Amendment) Act, 2023: Of Piracy and Penalties

/ By / Others

Image from here On July 31, the Lok Sabha passed Cinematograph (Amendment) Bill, 2023, which was earlier passed by the Rajya Sabha on July 27, 2023. It amends the Cinematograph Act, 1952 after almost 40 years, with the last significant amendments being made in 1984. There had been earlier attempts to amend the Act through amendment bills in 2010, 2019 (discussed by Divij here), and 2021 (discussed by Adyasha here). While the Amendment Act is not substantially different from the 2021

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