Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. VII, Issue II [Submit by May 28]

/ By / Opportunities, Publication

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VII, Issue II). The last date for submissions is May 28, 2023. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol. VII, Issue II] About the organization/institution National Law University-Jodhpur (NLU Jodhpur) is one of India’s leading Law Schools situated in the vibrant […]

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SpicyIP Weekly Review (March 27-April 1)

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

[This weekly review is co-authored with 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.] Here are the quick summaries of the whopping 6 posts, 8  case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know

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Announcing the SpicyIP Doctoral Fellowship!

/ By / Opportunities

We are very excited to announce SpicyIP’s new Doctoral Fellowship! The SpicyIP Doctoral Fellowship has been devised keeping in mind our commitment to foster transparency and accountability within the Indian IP regime. It will be awarded to select doctoral scholars in universities based in India who are pursuing their PhD in the broad area of intellectual property rights and/or innovation policy, and with a focus on public interest, transparency and accountability, or socially beneficial legal and policy levers. In addition

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Skechers Inc. USA Vs. Pure Play Sports – Part II : Imposition Of Actual Legal Costs – No More A Far-Fetched Aspiration In Today’s Legal Environment

/ By / Others

[This guest post has been authored by Dr. Abhimanyu Chopra, Urvashi Misra, Aman Chaudhary. The authors Dr. Abhimanyu Chopra (Partner), Urvashi Misra (Senior Associate) and Aman Chaudhary (Associate) are with AZB & Partners and represented the Plaintiffs i.e. Skechers USA Inc. and its affiliate entities in the case. Views expressed here are those of the authors.] In 2018, we discussed the “Implications of Actual Costs and Taxation of Costs – A Notable And Welcome Change In the IP Regime” in

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Trademark Disparagement, Free Speech and Bullying: The Case of Dabur v. Dhruv Rathee

/ By / Trademark

[This post is authored by SpicyIP intern Srujan Sangai. Srujan is a second-year BA LLB student at the National Law School of India University, Bengaluru. He is interested in intellectual property law and technology law.] Dhruv Rathee, a popular Youtuber found himself in a court battle against Dabur India (Dabur India Limited v. Dhruv Rathee) for criticizing its “Real” packaged fruit juice in his (now removed) video ‘Is Fruit Juice Healthy? | The Harsh Truth’. Dabur, who is no stranger to product

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SpicyIP Tidbit: Delhi High Court says Registration of a Design can be Prima Facie Proof of Validity.

/ By / Design

On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd, the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario! The plaintiff claims that the registered design of a disposable female urination device titled “Pee Buddy” has been infringed by defendant who allegedly manufactures and sells identical devices under the name “Namyaa”.  The first point is the court’s remark that

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SpicyIP Tidbit: Additional Records Allowed Before Framing of the Issues Says the Delhi High Court

/ By / Trademark

Recently, on 6th March 2023, in Bennett Coleman & Co. vs ARG Outlier Media Pvt Ltd, a case concerning trademark infringement the Delhi High Court allowed the application for placing additional documents on records. But what makes this case worth tidbit-ing is the court’s open remarks and clarifications on adding new documents on record. The Court had stated that the “power … to permit additional documents to be taken on record if a party gives sufficient cause for not filing

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SpicyIP Weekly Review (March 20-March 25)

/ By / Copyright, Design, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Niranjana Biju. Niranjana is a second-year student pursuing B.A. LL.B. (Hons.) from NUALS, Kochi. She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution.] Here are the quick summaries of the 3 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include

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Bombay High Court Grants (the First?) Section 32 License to Translate a Literary Work in Marathi

/ By / Copyright

March is a remarkable month for history and literature buffs because of the whole “ Beware of the ides of March” thing. But IP nerds will specifically remember that eleven years ago, in March 2012, India’s first compulsory license was granted by the Indian Patent Office against Bayer’s Nexavar. One year later, in March 2013 the compulsory license order was upheld by the IPAB in a landmark ruling by the then Chairperson, Justice Prabha Sridevan. And now after 10 years

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Jab We Met (if at all): Do Patent Oppositions and Examination Run on a Parallel track? Delhi High Court to Examine

/ By / Patent

In yet another Natco-Novartis matter before the Delhi High Court, a couple of very interesting issues have arisen. While the dispute has been ongoing since 2016, the post will mostly focus on the January 2023 order. One of the issues addressed in the order was regarding the question of whether opposition proceedings are adversarial or do they run on a parallel track with the examination of an application. And the other is whether the patent in question, titled pharmaceutical combinations

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