SpicyIP Weekly Review (April 10- April 16)

/ By / Biological Diversity, Copyright, Patent, Trade Secret, Trademark

[This weekly review is co-authored with SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from National Law School of India University, Bengaluru.] Here are the quick summaries of the 4 posts, 9 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application […]

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Where to lean on?  The Biological Diversity (Amendment) Bill 2021 or the Landmark Cases?

/ By / Biological Diversity, Traditional Knowledge

[This post has been authored by Alphonsa Jojan. Alphonsa is currently pursuing her PhD in Law from the University of Newcastle, Australia.  She has a deep research interest in environmental law and policy. She has previously authored guest posts for us here and here.]  In light of the upcoming Diplomatic Conference on Intellectual Property, Genetic Resource and Traditional Knowledge, Prashant recently made some strong comments on the working of India’s Biological Diversity Act, stating that there are many lessons that the

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To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs

/ By / Design

[This post is authored by SpicyIP intern Anjali Baskar. Anjali is a fourth-year student pursuing B.B.A. LL.B. (Hons.) from School of Law, Christ University, Bengaluru. She is keenly interested in exploring various fields in law, especially IP, Media & Entertainment.] There is a ‘consistent’ inconsistency in the judgements of Indian courts on deciding a highly debated issue: Do GUIs qualify for design protection under Sections 2(a) and 2(d) of the Designs Act, 2000? A recent flurry of orders in the

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IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline 

/ By / Patent

As many of our readers would know, recently the Patent Office rejected Janssen’s patent application for a treatment of multi-drug resistant tuberculosis drug treatment on the grounds that it failed to cross various patentability thresholds. The rejection was significant for several reasons: Naturally it is significant for access to medicines in a country where tuberculosis is regularly one of the biggest cause of health concerns. And on the more legal side, it highlighted the importance of pre-grant oppositions as the

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Delhi High Court Offers an Evaluation of the Meaning of Descriptive and Laudatory Marks (But What’s the Difference?)

/ By / Trademark

[This post is authored by our former blogger Rahul Bajaj. Rahul is an attorney at Ira Law.] On 24th February, Justice Navin Chawla of the Delhi High Court passed an interesting judgment that discusses the parameters for a trademark to be considered descriptive/laudatory and the evidence needed to establish the same. At issue in LT OVERSEAS NORTH AMERICA INC & ANR. V. KRBL LIMITED was alleged infringement and passing off of the plaintiff’s trademark registrations for marks that include the

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Spicy IP Weekly Review (April 2- April 8)

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

[This weekly review has been co-authored with SpicyIP intern Rohan Srivastava. Rohan is a second-year student pursuing B.A. LL.B (Hons.) from National Law School of India University, Bengaluru.] Here are the quick summaries of the 5 posts, 8  case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts?  Please let us know so we can include them! Highlights of the Week Madras High Court Notifies Intellectual

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Oreo v Fab!o: A Ballad of Colours and Syllables [PART II]

/ By / Trademark

[This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v. Parle Product Pvt. Ltd. In Part I, the authors analyzed the court’s consideration of intention in its assessment of passing off and trademark infringement. In Part II of the post, they assess the court’s finding on phonetic similarity between Fabio and Oreo and on the trade dress of the competing goods. Kartik and Aditya are 2nd-year students at NLSIU,

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Oreo v Fab!o: A Ballad of Colours and Syllables [PART I]

/ By / Trademark

[This two-part post has been co-authored by Kartik Sharma and Aditya Singh, analysing the Delhi High Court decision in Intercontinental Great Brands v. Parle Product Pvt. Ltd. In Part I of the post, the authors have analyzed the court’s consideration of intention in its assessment of passing off and trademark infringement. Kartik and Aditya are 2nd-year students at NLSIU, Bengaluru, and had earlier written for us here, here and here.] The world of sweet cookies saw a rather bitter dispute unfolding in the Delhi

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Examining Deeming Abandonment in the Trade Marks Act – A Call for Revaluation?

/ By / Trademark

[This post has been authored by Ritwik Sharma. Ritwik is a final year student of law at the Institute of Law, Nirma University.] In what can be considered déjà vu, the Trade Marks Registry has once again released notifications to carry out mass abandonments. As per this post, nearly 98,000 trademark applications and 82,000 opposed trademark applications are now vulnerable to abandonment due to the non-filing of the reply to examination reports and counterstatements respectively within the prescribed time-period specified

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Madras High Court Notifies Intellectual Property Division Rules, 2022 

/ By / Others

In a huge development for IP community, the Madras High Court Intellectual Property Division Rules, 2022 have been notified in the official gazette dated April 5, 2023 (pdf). The current notification comes after the directions of the Court to notify the inauguration of the IP Division in  Galatea Limited v. Registrar General, High Court of Judicature of Madras (see posts here and here), making it the second Court in the country to have an IP Division, after the Delhi High

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