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SpicyIP Weekly Review (July 24 – July 30)

/ By / Biological Diversity, Competition Law, Copyright, Design, Opportunities, Patent, Trademark

Last week saw some pretty interesting discussions on the blog.  Detailed posts analysing the recently-pronounced landmark judgements in Ericsson v CCI and Krishna Kishore Singh v. Sarla & Others were published along with a quick post on DPIIT’s notice over collection of royalties by copyright societies.  This weekly review is co-authored with SpicyIP Intern Yashna Walia. Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Highlights of The Week SpicyIP Tidbit: The […]

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It’s a Product Patent… It’s a Process Patent… It’s Product-by-Process Patent!

/ By / Patent

In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. v. MSN Laboratories Pvt. Ltd and anr. With this order the court disposed of different interim applications filed in 4 suits (three suits were filed by Vifor and Emcure against MSN Labs, Dr. Reddy Labs and Corona Remedies Pvt. Ltd. and the fourth one was filed by Virchow Biotech against Vifor), and refused to grant an

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Elon Musk’s Obsession with Letter ‘X’- A Possible Trademark Issue for Twitter in India?

/ By / Trademark

[This post is authored by SpicyIP intern Abhijeet Audichya. Abhijeet is a fourth-year law student at Hidayatullah National Law University, Raipur, and is interested in the intersection of TMT and IP laws.] As we already know, the sudden move of Twitter’s management to rebrand the popular communications platform by changing the famous ‘blue bird logo’ to ‘X’ has taken the world by surprise. But what seems like a probable ramification of the rebranding move is the trademark dispute that the

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Taking Publicity and Privacy to the Grave: Delhi High Court on Descendability of Publicity Rights

/ By / Copyright, Privacy

[This guest post is authored by Devangini Rai. Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. She is an IP lawyer based out of New Delhi. The views expressed here are those of the author’s alone. She has previously written for SpicyIP here and here.] The Delhi High Court in a judgement delivered by HMJ C. Hari Shankar affirmed the legal position on descendability of publicity rights as

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SpicyIP Tidbit: The Never-ending Jugalbandi Between The Government And Court Over Playing Of Music In Marriage Related Events!

/ By / Others

The DPIIT, recently issued a public notice regarding collection of royalties by copyright societies for playing of music in marriage functions under Section 52(1)(za) of the Copyright Act 1957 (Provision). Citing the Provision it directed the copyright societies to refrain from acting in contravention to the Provision. But this is not the first time the executive has issued such a clarification. The Copyright Office, in 2019, issued a public notice, directed to all the stakeholders, clarifying that no licence was

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[Sponsored] NLU Delhi IPR Chair Invites Applications for the Position of Research Assistant (Law) [Apply by August 05]

/ By / Opportunities, Sponsored

We are pleased to inform you that the Chair on Intellectual Property Rights, National Law University, Delhi is inviting applications for the position of Research Assistant (Law). The last date to apply is August 05, 2023. For more detail please read the announcement below. Call for Applications – Research Assistant (Law) National Law University, Delhi (“University”) is seeking to engage, on a contractual basis, one full-time Research Assistant (Law) for Chair on Intellectual Property Rights (IPR Chair), at its campus

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[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (July 31-October 31) [Register by August 31]

/ By / Courses & Workshops, Sponsored

We’re pleased to inform you that a free online course on intellectual property starting on July 31, 2023 is being offered for students on the e-learning platform SWAYAM by Dr. Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair at National Law University, Delhi. For further details, please see the announcement below: Join SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi Title SWAYAM (Free) Online Course on ‘Intellectual Property’ About the Course The course is launched

[Sponsored] SWAYAM (Free) Online Course on Intellectual Property by NLU Delhi (July 31-October 31) [Register by August 31] Read More »

Hollow Victory? Delhi High Court Says Patents Act Supersedes Competition Act, with Shaky Reasons

/ By / Patent

[Long Post ahead] Who wins in a conflict between the Competition Act and the Patents Act? That’s been the central bone of contention in two big disputes for almost a decade now. In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 (Ericsson v. CCI) and then again in 2020

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Is Messenger RNA Patent-Eligible?

/ By / Others

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. For mRNA, sections 3(c), 3(d), 3(i) and 3(j) are of relevance. Section 3(i) broadly excludes

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SpicyIP Weekly Review (July 17- July 23)

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

Last week we published a literature review cum blog post on Artificial Intelligence and IP. We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. Anything important we’re missing out on? Drop us a comment below!  This post is co-authored with SpicyIP intern Abhijeet Audichya. Abhijeet is a fourth-year law student at Hidayatullah National Law University,

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