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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SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations

/ By / Patent, Trademark

IP developments in 2023 kick off with the Office of Controller General of Patents, Designs and Trademarks (CGPDTM)’s re-notification of the Trademarks and Patent Agents Examinations. While the Patent Agent Examination has been last conducted in 2022, after a 4 years gap due to COVID-19,  it is reported that the Trademarks Agent Exam is being held after a gap of 10 years! The previous notice, published in November 2022, stated that both examinations were scheduled for 7th May, 2023. However

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A Look Back at India’s Top IP Developments of 2022

/ By / Others

This post has been co-authored with Gaurangi Kapoor, Ishant Jain and Swaraj Barooah  Wishing our readers a very happy and healthy new year! In line with our annual tradition, we take stock of the top IP developments that occurred in 2022. This year, we have divided these developments into four categories: a) Top 10 IP Judgments/Orders (Topicality/Impact) b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments, and d)  Other IP Developments The decisions

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SpicyIP Weekly Review (December 27- January 01)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Wishing our readers a very happy and healthy new year up ahead! The past week, much like the past year was full of interesting IP developments. In this weekly review, we’ll summarize the 4 posts covered on the blog, 7 orders and judgments from the different courts along with a few 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

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Monopolizing the Hipster? – Test of Design Infringement by the Delhi High Court

/ By / Design, Overlaps in IP

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the recent order by the Delhi High Court on the ‘Hipster bottle design’ controversy. 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. Monopolizing the Hipster? – Test of Design

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SpicyIP Tidbit: Indian Patent Office Comes Up with Revisions Fixing Durations of Adjournments Among Other Things

/ By / Patent

The pendency of oppositions and applications before the Indian Patent Office is an issue about which we have written extensively in the past (see here, here and here). Unclear timelines to adjudicate on, multiple adjournments by the parties contribute immensely in the soaring number of pending patent applications. (indicatively see here for Namratha’s post on DHC order repudiating a party for seeking repeated adjournments and not filing the written statements timely.) In order to improve the situation, the Indian Patent

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Part II: Diagnostic method patents in India

/ By / Patent

Part I provides factual context to the post below. Interpreting Section 3(i) Section 3 is the key section on “patent eligibility” and lists out what are not “inventions” under the Indian Patents Act. One such non-eligible patentable subject matter is listed in Section 3(i): “Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic

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Part I: Diagnostic method patents in India

/ By / Patent

In March 2023, the Delhi High Court will consider two significant rejections by the Patent Office (PTO) that will determine the fate of diagnostic method patents in India. The PTO recently rejected EMD Millipore’s patent application involving IR based spectroscopy and Sequenom’s patent application involving non-invasive prenatal genetic diagnostics on the grounds that both inventions were not patent eligible under Section 3(i) of the Patents Act, 1970.  This provision excludes diagnostic processes from patent protection. Both rejections have been challenged

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SpicyIP Weekly Review (December 20- December 26)

/ By / Copyright, Drug Regulation, Patent, Trademark

Happy holidays to all our readers! After another eventful week on the blog, we are here with our weekly reviews summarizing the 5 posts covered on the blog along with 19 case summaries and other national and international IP developments.   Highlights of the Week IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System Prof. Antilegend and his class are back! This time the discussion ventures further into the Indian drug regulatory system and the class learns more about

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IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System

/ By / Drug Regulation, Trade Secret

Prof Antilegend is back to greet you all on this yuletide! After brooding over the basics in the last class, this session (i.e. class 5.2) sieves through the Indian drug regulation system, which has attracted much attention in the last few months. For the previous class, please go here. And if this is your first time coming across the IP Reveries series, you can see what it is about as well as get links to our previous classes in the

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