Smells like Luxury, Does it Cost a Trademark Battle?

/ By / Trademark

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. We are pleased to bring you a guest post by our former SpicyIP Intern Ishant Jain, who shares his opinion on this […]

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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

/ By / Patent

On August 23, the Draft Patent (Amendment) Rules, 2023, were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism. While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the prescribed timeline

The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules Read More »

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SpicyIP Weekly Review (August 21- August 27)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.  Highlights of the Week Toothless National Policy on Rare Diseases – Part I Among other things, the government introduced the National Policy on Rare Diseases, 2021 after the intervention by the Delhi High Court. However, as noted by Varsha Jhavar and Surbhi Nautiyal in part 1 of their 2 part

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Toothless National Policy on Rare Diseases- Part II

/ By / Drug Regulation, Patent

[This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur.  Surbhi is a lawyer based in Delhi and is a graduate of RGSOIPL, IIT Kharagpur. The views expressed here are those of the authors’ alone.] In Part I of the post, the authors have analysed the National Policy on Rare Diseases, 2021 (Policy) and its implementation. In Part II,

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Toothless National Policy on Rare Diseases – Part I

/ By / Drug Regulation, Patent

[This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur.  Surbhi is a lawyer based in Delhi and is a graduate of RGSOIPL, IIT Kharagpur. The views expressed here are those of the authors’ alone.] At the Delhi High Court’s (DHC) bidding, major developments have taken place in the rare diseases space in India. These include the introduction of

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SpicyIP Weekly Review ( August 14 – August 20)

/ By / Copyright, Drug Regulation, Patent, Plant Variety Protection, Trademark

Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. We also had a guest post by Aditya Gupta on the Delhi High Court Division Bench’s order in Google v. DRS Logistics. Anything important we’re missing out on? Drop us a comment below!  This Weekly Review is co-authored

SpicyIP Weekly Review ( August 14 – August 20) Read More »

Going Back to First Principles – A Nuanced Understanding of Infringement in Google v DRS

/ By / Trademark

We are pleased to bring to you a guest post by Aditya Gupta on the recent Delhi High Court Division Bench order in Google v. DRS. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. Before co-founding Ira Law, he was part of another law firm for 7 years and then an associate at

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Jharkhand High Court Quashes Criminal Proceedings Alleging Copyright Infringement Against a Professor

/ By / Copyright

A couple of weeks ago, I discussed the case of a law student in Bengaluru who alleged copyright infringement against two assistant professors. Just a couple of weeks later I’ve now come across news of another student alleging copyright infringement, (Paras Kumar Choudhary vs The State of Jharkhand), but this time a criminal proceeding was instituted against the professor! This was later quashed by the Jharkhand High Court on August 10, 2023.  The proceeding was initiated by one Dr. Shambhu

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Jan Vishwas Bill 2023: Small businesses, competition and public health set up to lose?

/ By / Others

As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). This bill seeks to promote business by reducing penalties and decriminalising offences across 42 legislations. Major intellectual property rights laws – the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999, have also been amended. We had discussed salient features of the JV Bill, 2022 along with its limitations in a post here. The major amendments

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SpicyIP Tidbit: No Cure for the Plaintiff’s Heartburns? Delhi High Court Rejects an Interim Injunction Application against Defendant’s Anti-Acidity Drug Despite Finding Trademark Infringement

/ By / Trademark

On August 16, the Delhi High Court passed an order in Sun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals which is sure to have caught the attention of trademark lawyers. The court refused to grant an interim injunction to the plaintiff despite finding that the defendant had infringed the plaintiff’s mark. The court reasoned this by holding that prima facie trademark registration seems invalid, questioning the veracity of the registration order by the Trademark Registry and also finding that since the defendants were

SpicyIP Tidbit: No Cure for the Plaintiff’s Heartburns? Delhi High Court Rejects an Interim Injunction Application against Defendant’s Anti-Acidity Drug Despite Finding Trademark Infringement Read More »

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