SpicyIP Tidbit: Delhi HC passes ex parte injunction in favour of Glenmark in ‘TELMA / TELMA-AM’ counterfeiting claim

/ By / Drug Regulation, Trademark

The Delhi High Court passed an ex parte injunction in the matter of Glenmark Pharmaceuticals vs Sanjeevni Medicos And Or against the defendant and restrained them from manufacturing, marketing, selling, and advertising medicinal and pharmaceutical preparations under Glenmark’s trade mark – ‘TELMA’ and ‘TELMA-AM’ and any other mark deceptively similar to the same. The injunction was granted to prevent confusion or deception amounting to infringement or passing off of Glenmark’s trade mark registrations. Telma and Telma-AM are trademarked names for […]

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SpicyIP Tidbit: Supreme Court translates 1091 judgments into regional languages on Republic Day

/ By / Others

Today India marks the 74th year since it adopted the Constitution and identified itself as a “Republic”! This day celebrates the ability of our nation, bogged by colonial setup, to overcome the past and establish itself as the largest democracy in the world with perhaps the most diverse population. In a very positive step towards acknowledging this vast diversity, the Chief Justice of India, Justice D. Y. Chandrachud announced that the Supreme Court would be making available 1091 judgments in

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SpicyIP Weekly Review (January 17- January 22)

/ By / Copyright, COVID-19, Design, Patent, Trademark

After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them! Highlights of the Week Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to

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Rooh Afza v. Dil Afza Part II: Meaning Found in Trademark Protection

/ By / Trademark

In January last year, a single-judge bench of the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited had refused to grant an interim injunction preventing the defendant from using the mark ‘Sharbat Dil Afza’ which was alleged to infringe on the plaintiff’s mark ‘Sharbat Rooh Afza’. The injunction was refused on the ground that the marks were dissimilar and that similarity in the meaning of the words ‘Dil’ and ‘Rooh’ was not

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Future of mRNA and win-win for all: Why we need the government to disclose its collaboration agreement

/ By / Others, Patent

It is critical for the government to be forward-thinking. The Biotechnology Industry Research Assistance Council, a government department,  is reported to have provided INR 70 to 100 crores to Gennova Pharmaceuticals for its development of an mRNA vaccine for Covid. The mRNA technology is a versatile platform technology that has been heralded as a new era in vaccines. The platform used by Gennova (saRNA – self-amplifying RNA) overcomes storage / temperature issues that affected previous versions of mRNA vaccines. Unlike

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COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues

/ By / Patent

The mRNA vaccine platform is a versatile vaccine technology that has the potential to treat several diseases. It has been heralded as a new age in medicine and several countries and companies all over the world are interested in it. However, there is uncertainty over who owns its main components  i.e. the mRNA and the lipids that coat the mRNA to enable delivery. Several intellectual property rights battles are being fought over this new technology. One of the main battles involves

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Examining Oppositions: Time for a Deeper Look

/ By / Patent

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. We are pleased to bring to you a guest post by Sandeep K. Rathod critically assessing some key aspects of the report. Sandeep is a lawyer who comes with 2 decades of experience in pharmaceutical law, drug

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Kerala High Court on Publishing Judgments and Right to be Forgotten: Some Points to Ponder Upon

/ By / Others

While remembrance often occupies a higher pedestal in our social setting, forgetting has its own charm! There is a reason muscle memory is often linked to remembering when forgetting may also require an active action! Why all this philosophical fodder suddenly on an IP blog …  Well … there’s a (new?) right in the town called the right to be forgotten (“RTBF”), an antipode of the right to know (or a right to remember, by a logical extension?) which is

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Welcome Clarification?: Police Commissionerate, Jaipur issues Circular on Section 52(1)(za) of Copyright Act

/ By / Copyright

In this post our SpicyIP intern, Gaurangi Kapoor writes on the circular issued by Police Commissionarate, Jaipur on exempting the use of sound recordings during marriage ceremonies.  Gaurangi completed her LLM in IP and Technology law from Jindal Global Law School in 2022. Her current areas of interest are copyright, design and artificial intelligence. Welcome Clarification?: Police Commissionerate, Jaipur issues Circular on Section 52(1)(za) of Copyright Act Gaurangi Kapoor Post-pandemic not only brought back the wedding boom to India but

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SpicyIP Weekly Review (January 10- January 16)

/ By / Competition Law, Copyright, Design, Drug Regulation, Patent, Trademark

After another busy week here at SpicyIP, we bring out the quick summaries of the 6 blogposts that were put up, along with 12 case summaries and national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week Bill to Decriminalise IP Offences Misses the Mark and Dilutes Significant Provisions Discussing the proposed amendments to the IP

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