Bill to decriminalise IP offences misses the mark and dilutes significant provisions

/ By / Copyright, Patent, Trademark

The Parliament is considering a bill that decriminalises offences across 42 statutes. Intellectual property rights statutes i.e. the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999 are among the laws that are proposed to be amended. The objective of this bill is to increase the ‘Ease of Living and Doing Business in India’. The Statement of Objects and Reasons provide several general reasons for the bill including making India a […]

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10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]

/ By / Opportunities, Patent

Everybody loves a challenging moot court, don’t they? And what can be better than one dealing with intricate IP issues? We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. The competition is from 24th March- 26th March 2023. Certificates, trophies and monetary prizes will be awarded to the Winner, Runners up, Best Speaker, Best Researcher and Best

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Indian government denies access to Covid 19 vaccine collaboration agreements

/ By / Drug Regulation, Others, Patent

The Indian government has refused to disclose its collaboration agreements and investments made in developing and procuring India’s Covid 19 vaccine – Covaxin, the Indian mRNA and intranasal vaccine candidates. Despite widespread public interest in these arrangements, the government has consistently rejected Right to Information (RTI) applications requesting this information. (for the responses received from the CIC see here, here and here) Prashant Reddy (who needs no introduction on this blog) filed several RTI requests covering public-private partnership arrangements related

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The Buck Stops At Freedom Of Expression: Delhi High Court Clarifies The Situation On Disparagement In Case Of Generic Comparison 

/ By / Trademark

[This post has been co-authored with our SpicyIP intern Ananya Dutta. Ananya is a 4th year student pursuing B.A LL.B (Hons.) from the Institute of Law, Nirma University.] In an extremely detailed order in Zydus Wellness Products Ltd. V. Dabur India Ltd., concerning the issue of comparative advertising and disparagement, the Delhi High Court held that “an advertiser ought to have the freedom to make advertisements with generic comparison highlighting the features of its own product..” thereby giving leeway to

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SpicyIP Tidbit: IPO Cannot Introduce New Objections During a Hearing, holds Delhi High Court

/ By / Patent

Of late we have witnessed multiple orders (see here, here and here)  from different High Courts wherein the courts, without touching on the merits of the case, have clarified the expectations from the orders of the Indian Patent Office (IPO). Usually, these orders concerned the lack of appropriate reasons and justifications in part of the IPO, while rejecting a patent application. In this tidbit, we shall discuss another order from the Delhi High Court where the court has asserted the

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SpicyIP Weekly Review (January 02- January 09)

/ By / Copyright, Drug Regulation, Patent, Trademark

After an eventful first week of the year, we bring out quick summaries of the 6 blogposts we carried, along with 10 cases and other 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 A Look Back at India’s Top IP Developments of 2022 Continuing with our annual tradition, we curated a list of the

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Access to any Supreme Court Case: Just a Few Clicks Away!

/ By / Others

In this post our SpicyIP intern, Gaurangi Kapoor writes on the recently launched e-SCR platform, highlighting its key features. 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. Access to any Supreme Court Case: Just a Few Clicks Away! Gaurangi Kapoor Our readers may recall  a recent post on the takedown of the IPAB website and disappearance of the relevant information published

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Wheels of Trademark Go Round-and-Round: Analyzing the ‘Yezdi’ Order of Karnataka High Court

/ By / Trademark

Our new SpicyIP intern, Pravertna, brings us an interesting post on a recent controversy surrounding the ownership of the ‘Yezdi’ mark, before the Karnataka High Court. Pravertna is a third-year student at Rajiv Gandhi National University of Law, India, pursuing an undergraduate degree in B.A. L.LB. (Hons.). She is also the winner of 3rd Shamnad Basheer Essay Competition on IP Law. She aims to become a Judicial Officer in her near future. Her interest in the legal arc is keenly

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Exemptions Granted to Certification Marks: Why Does a Lack of Section 9(1)(b) Exemption Defeat the Purpose?

/ By / Trademark

We’re pleased to bring to you a guest post by Akshay Ajayakumar on exemptions granted to certification marks.  Akshay is a lawyer based in Munich, Germany. He is a graduate of National Law University, Jodhpur, and has an LL.M in IP and Competition Law from the Munich Intellectual Property Law Center (MIPLC) – A cooperation project of the Max Planck Society, the University of Augsburg, the Technical University of Munich, and The George Washington University. You can view his earlier posts

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Kaushal Kishor v. State Of UP: A Tale of Mis-Readings and Bad Externalising

/ By / Copyright, Others

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the Supreme Court’s decision in Kaushal Kishor v. State of U.P.  Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court. He’s written several posts for us in the past and they can be found here. Kaushal Kishor v. State Of UP: A Tale of Mis-Readings

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