SpicyIP Tidbits: IPO deals with formalities and reasons!

/ By / Patent

We have two interesting IPO related tidbits for you. Read on ahead! 1. The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue, and the Supreme Court has even given some tips for judgment writing recently. Surprising no one though, it still happens repeatedly, and this time a court gnashed at a gobbledygook(y) order. The Delhi High Court, in Art Screw Co., Ltd. vs The Assistant […]

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Gone With the Wind: Where to Find the Repository of IPAB Orders? 

/ By / Others

We’re pleased to bring to you a guest post by one of our interns, Gaurangi Kapoor, on the inaccessibility of orders and other resources post the takedown of the IPAB website. 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.  Gone with the wind: Where to find the repository of IPAB orders?  Gaurangi Kapoor Recently a criminal contempt proceeding has been initiated

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Delhi High Court Directs the Trademarks Registry to Transfer 5 Rectification Applications

/ By / Trademark

Last month Delhi High Court in Jumeirah Beach Resort Llc vs Designarch Infrastructure Pvt Ltd., directed the Trademarks Registry to transfer five pending rectification applications to it. While the court itself identified that there is no provision within the Trademarks Act that authorizes it to pass such an order, it nonetheless saw “no difficulty in directing the said transfer.” The court justified this on two grounds- 1) If the Registrar of the Trademark can ‘refer’ the matter to the court

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SpicyIP Tidbits: Delhi High Court Imposes Humongous Costs on Habitual Cybersquatter 

/ By / Trademark

In a case concerning allegations of trademark infringement by cybersquatting and passing off,  Delhi High Court imposed damages worth a whopping INR 2 Crores on the Defendant! The Defendant, one Namase Patel, was alleged to possess hundreds of domain names with deceptively similar domains- addobe.com and adobee.com. Furthermore, it was alleged that the defendant uses a catch-all function that enables them to have access to all the emails where the domain name of the recipient is misspelled. The plaintiff also

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SpicyIP Weekly Review (December 13-December 19)

/ By / Copyright, Geographical Indication, Patent, Trademark

  Summarizing the three posts covered on the blog last week, we bring to you 17 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! Also we are thankful for the comments from our readers on the format of the weekly reviews, we have tried something new this time. Do let us know how you like it! Highlight

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DHC rules on Jurisdiction for Revocation Petitions and Appeals Post Dissolution of IPAB

/ By / Patent

Recently, the Delhi High Court delivered an important decision that clarified the jurisdiction of High Courts post the enactment of the Tribunal Reforms Act, 2021 (TRA), which dissolved the IPAB (Intellectual Property Appellate Board). As Praharsh noted in our weekly review, the question debated in this judgment was whether after the dissolution of the IPAB, a party could approach any High Court with revocation applications (under Section 64 of the Patents Act, 1970) and appeals (under Section 117A of the

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Delhi High Court’s Decision Discussing Doctrine of Equivalents: An Exhaustive but Blinkered Exercise?

/ By / Patent

Concluding Round 2 of the FMC- Natco CTPR litigation saga, a Division Bench of the Delhi High Court refused to interfere with the Single Judge’s order which had allowed Natco to launch its variant of CTPR. In doing so the court discussed ‘doctrine of equivalents’, relying extensively on foreign precedents. The doctrine is a contribution of American IP jurisprudence, which states that minor, colorable changes to a product, to avoid “literal” infringement, will still amount to an infringement if the

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SITARA-D & SITARED are Not Similar, says the Delhi High Court: What about Consumers, Confusions, & Contradictions?

/ By / Trademark

This post is co-authored with Praharsh Gour. Trade mark rights are to protect both mark owners against the unauthorised use of their marks and the public from being confused about the source of the goods. In the case of pharmaceutical products, the equation changes substantially, and the prevention of confusion becomes more significant, given its disastrous implications for the consuming public. Aparajita recently wrote a thoughtful post on this issue. The present post brings a similar instance: Sun Pharma Laboratories

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SpicyIP Weekly Review (December 6- December 12)

/ By / Copyright, Drug Regulation, Patent, Trademark

In addition to the usual round up of our own blog posts in the last week, we also bring to you 20 case summaries and other important national and international IP developments this week. We’re also asking for your help! Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Additionally, we’ve run this format for weekly reviews for a few weeks now. Do you like it? Hate

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Call for Interns and SpicyIP Fellows!

/ By / Opportunities

Are you interested in transparency and accountability in the Indian IP ecosystem and looking to work on engaging projects? Or think a decision is interesting to analyze and write an opinion on?  Well, we have good news for you!  SpicyIP is presently looking for enthusiastic individuals for the following positions :- 1. SpicyIP Fellowship: SpicyIP Fellows are typically sharp, passionate bloggers, interested in researching and writing on developments in intellectual property rights and the innovation policy scenario in India, with

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