Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

/ By / Patent, Trademark

On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here, here, here, here and here) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objection, rejecting […]

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SpicyIP Weekly Review (May 1 – May 6)

/ By / Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Srujan Sangai. Srujan is a Second Year student at the National Law School Of India University, Bengaluru and has a keen interest in IPR and Technology Law. His previous posts can be accessed here and here.] After a busy week at the blog, here are the quick summaries of the 9 posts, 11 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on?

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All’s Fine with Pine Labs as Karnataka HC Vacates the Problematic Interim Injunction Order on the Point of Sale Machine

/ By / Patent

[This post is co-authored by SpicyIP interns Rohan Srivastava and Srujan Sangai. Rohan and Srujan are Second Year students at the National Law School Of India University and have a keen interest in IPR and Technology Law. Rohan’s previous post can be accessed here and Srujan’s previous post can be accessed here.] In March 2023, the Karnataka High Court in Innoviti Payment Solutions v Pine Labs, vacated an interim injunction order passed by the trial court in favor of Innoviti Payment

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Music to Many Ears! Bombay High Court Passes a Landmark Order Recognizing the Right to Receive Royalties by Authors of Underlying Works

/ By / Copyright

[Long post ahead]  In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd. v. Rajasthan Patrika Pvt. Ltd and Indian Performing Rights Society Ltd. v. Music Broadcast Ltd. (pdf) and clarified that post the 2012 amendment, communication of a sound recording to the public

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Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi, June 3-7]

/ By / Courses & Workshops, Event

We are pleased to announce that Third World Network (TWN) and Inter-University Centre for IPR Studies, Cochin University of Science and Technology, Kochi are jointly organizing a five-day course/workshop on ‘Access To Medicines, TRIPS and Patents in the Developing World’ from June 3-7, 2023 at Kochi, Kerala. The last date to apply for the workshop is May 5, 2023. For further details, please read the call for applications below: Workshop on ‘Access to Medicines, TRIPS and Patents in the Developing World’ [Kochi,

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part II

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s] As previously discussed in Part I, Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Considering the Copyright Act, 1957 entitles even the legal representatives of a deceased author to exercise the integrity

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Why Moral Rights are Dead Serious: Preserving the Posthumous Moral Right of Integrity – Part I

/ By / Copyright

[This guest post has been authored by Karishma Karthik. Karishma is an associate at Shardul Amarchand Mangaldas, Mumbai. She can be reached at [email protected] for any feedback or comments. Views expressed here are those of the author’s.] It is not uncommon for artists to reach new heights of appeal after their deaths. Hip-hop icon, Tupac Shakur, the second best-selling hip-hop artist in history, sold the bulk of his albums after his death. The estate of the celebrated late rapper Mac

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The Backlog Challenge Faced by the Indian Trademark Office: Addressing Inefficiencies and Ineffectiveness

/ By / Trademark

Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. These notices were challenged before the Delhi High Court in Intellectual Property Attorneys Association (IPAA) & Anr. v. The Controller General Of Patents, Designs & Trade Marks & Anr. (pdf). Via order dt. April 13, 2023, it was revealed that the Indian Trademark Registry has undertaken to withdraw the above notices bringing the applications back to their original status.

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CGPDTM to Continue Daily Open House Sessions to address Grievances/Suggestions on IPR Issues

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

Image from here Attention all intellectual property enthusiasts! On some exciting news on the transparency front, the Office of the Controller General of Patents, Designs and Trademarks has recently announced daily Open House sessions. These sessions began in October 2022 (see the December notice here) and will now continue on a daily basis. The sessions will be held on a daily basis from 4.30 PM to 5.30 PM via WebEx. These Open House sessions will address various IPR grievances and

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An IP-Centric Approach towards AI Regulation in India- Part II

/ By / Copyright

[This Post has been authored by our former blogger Varsha Jhavar. Varsha is a lawyer based in Delhi and is a graduate of Hidayatullah National Law University, Raipur. Her previous posts on the blog can be viewed here, here, here, here.] After making an argument for the need of regulating AI from an IP perspective in Part I, Part II of the post focuses on the different aspects which can be regulated to develop a responsible and ethical AI. Licensing of training datasets The

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