Lawctopus’ Online Certificate Course on Intellectual Property – Law and Practice [Oct 1 – Dec 30, 2020]

by SpicyIP September 26, 2020

We’re pleased to inform you that Lawctopus is offering an online certificate course on Intellectual Property – Law and Practice from October 1 to December 30, 2020. The deadline for registration is September 30, 2020. For further details, please read the announcement below: Lawctopus’ Course on Intellectual Property – Law and Practice With the rapidly developing technology and inventions and the increasing number of businesses, every year, protection and enforcement of intellectual property have become of utmost importance. The legal…

Opportunities

The Law Gazette’s 1st National IPR Quiz Competition for Law Students [October 4]

by SpicyIP September 25, 2020

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We’re pleased to inform you that the Law Gazette is organising its 1st National IPR Quiz Competition for law students on October 4, 2020. The deadline for registration is October 3, 2020. For further details, please see the announcement below: TLG’s 1st National IPR Quiz Competition The Law Gazette presents its 1st National IPR Quiz Competition in the memory of Late Professor Dr. Shamnad Basheer, an eminent Indian legal scholar and founder of the blog SpicyIP as well as IDIA, a trust…

Trademark

Khadi v. Khadi – KVIC’s Clash at the EUIPO

by SpicyIP September 24, 2020

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We’re pleased to bring to you a guest post by L. R. Vijaypriya, discussing the trademark registration of ‘Khadi’ in the name of a German company at the EUIPO, the cancellation petition filed by KVIC and its final outcome. Vijaypriya is presently pursuing her LL.M. in IP and Competition Law from Munich Intellectual Property Law Centre (jointly run by Max Planck Institute for Innovation and Competition, University of Augsburg, Technical University of Munich and George Washington University, Washington). She is a…

Trademark

Bona Fide or Not?: Usage of Common Surnames as Trademarks

by SpicyIP September 23, 2020

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We’re pleased to bring to you a guest post by Varsha Jhavar, analysing a recent trademark law decision (Anil Rathi v. Shri Sharma Steeltech), whereby the Delhi High Court rejected the plea for usage of a surname in the course of trade, on the ground that the use was not in a bona fide manner. Varsha is a 5th year student at Hidayatullah National Law University, Raipur. She recently won the second prize for the 1st Shamnad Basheer Essay Competition…

Patent

University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’

by Praharsh Gour September 22, 2020

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For the fourth time in past two months the IPAB allowed an appeal against the order of the Controller and granted patent in favor of the appellant. The IPAB through order dated 25th August, 2020, (pdf) allowed an appeal against the Controller of Patents’ (Respondent) rejection of the University of Miami’s (Appellant) application over a pharmaceutical composition comprising “Topical Co-enzyme Q10 (CoQ 10) Formulations and Methods of use” for treatment of cancer. Among other reasons, the Controller had deemed that…

Opportunities

Online Session on ‘Internet Infringement Impacts: Transborder Reputation & Jurisdiction under IPR’ [September 27]

by SpicyIP September 22, 2020

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We’re pleased to inform you that the Hidayatullah National Law University (HNLU), Raipur, in collaboration with CAN Foundation, is organising an online session on ‘Internet Infringement Impacts: Transborder Reputation & Jurisdiction under IPR’ at 11:30 A.M on Sunday, September 27, 2020. For further details, please read the announcement below Webinar on ‘Internet Infringement Impacts: Transborder Reputation & Jurisdiction under IPR’ | September 27 Hidayatullah National Law University, Raipur in collaboration with CAN Foundation is all set to organize an enlightening…

SpicyIP Weekly Review (September 14 – 20)

by Adyasha Samal September 21, 2020

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Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11, and 35 had obtained the injunction by concealing the fact that a director of the Defendant owned a similar mark ‘SUJATA’ under class 11 since…

Patent

Ibrutinib Patent Revocation: IPAB Says the Stay is Here to Stay

by Adyasha Samal September 18, 2020

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Latest in the Ibrutinib patent saga is IPAB’s order maintaining the interim stay over the revocation of the anti-cancer drug patent. This comes at an interesting time, as a recent report by I-MAK suggests that US-based Biopharma Company AbbVie might be attempting to build a patent wall around Imbruvica (Ibrutinib’s market brand), having secured 88 patents out of 165 applications filed. Imbruvica currently generates a whopping $4.5 billion a year for AbbVie. In India, Pharmacyclics LLC (owned by AbbVie) had…

Patent

U.K. Supreme Court’s Landmark Ruling on SEPs: An Imperfect Solution, But Is There a Perfect One? (Part II)

by Adarsh Ramanujan September 16, 2020

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[Disclosure: I represent/have represented clients on related and unrelated issues. Views expressed here are personal.] In Part I, I had summarised the U.K. Supreme Court’s ruling in the Unwired case. In this Part II, I share my critique of the judgement. While I have several comments, I have restricted myself to the principal ones for the present platform. Must a FRAND license always be global? At 1st glance, the U.K. Supreme Court’s judgment suggests that a FRAND license must always…

Patent

U.K. Supreme Court’s Landmark Ruling on SEPs: An Imperfect Solution, But Is There a Perfect One? (Part I)

by Adarsh Ramanujan September 16, 2020

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[Disclosure: I represent/have represented clients on related and unrelated issues. Views expressed here are personal.] In a recent landmark ruling, the U.K. Supreme Court (here) dismissed the appeals filed by implementers of technical standards, i.e. Huawei, ZTE, against standard essential patent (SEP) holders, i.e. Unwired and Conversant. This is a well-known dispute and has previously been covered by this blog here, here, and briefly touched upon here. In this Part I, I will focus on summarising the ruling, reserving my…

AJAY AMITABH SUMAN { Thanks Praharsh for Sharing on view. The article is based mostly on “Merck Sharp & Dohme Corp v. Sanjeev Gupta” Judgement. But even that Judgment, the Hon'ble High... }
AJAY AMITABH SUMAN { This order has been challenged in RFA (OS) 5 /2021 and RFA (OS) 6 /2021 before the Division Bench, Hon'ble High Court of Delhi. While issuing the notice... }
Adyasha Samal { If a song is not appealing, it will naturally fail to capture audience and generate less revenue for the authors. That does not require interference into market forces.... }
Adyasha Samal { Sir, I cannot locate the stay order. Could you please provide a link? }
Nsquarelegal { I would like to request Mr. Kapil Wadhwa & Spicy IP to throw some light on the supporting judgement in respect of Section 2(r)(ii)(c) of the Trade Marks... }

De-Coding Indian Intellectual Property Law

Lawctopus’ Online Certificate Course on Intellectual Property – Law and Practice [Oct 1 – Dec 30, 2020]

The Law Gazette’s 1st National IPR Quiz Competition for Law Students [October 4]

Khadi v. Khadi – KVIC’s Clash at the EUIPO

Bona Fide or Not?: Usage of Common Surnames as Trademarks

University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’

Online Session on ‘Internet Infringement Impacts: Transborder Reputation & Jurisdiction under IPR’ [September 27]

SpicyIP Weekly Review (September 14 – 20)

Ibrutinib Patent Revocation: IPAB Says the Stay is Here to Stay

U.K. Supreme Court’s Landmark Ruling on SEPs: An Imperfect Solution, But Is There a Perfect One? (Part II)

U.K. Supreme Court’s Landmark Ruling on SEPs: An Imperfect Solution, But Is There a Perfect One? (Part I)

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