Spicy IP Weekly Review (November 16- November 21)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

Here is our weekly review containing briefs of posts from the past week, 22 case summaries, and a few national and international IP developments. Do let us know in case you think we missed out on anything!       Highlights of the Week Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Aparajita writes about the need of higher scrutiny while comparing competing marks in pharmaceutical products for similarity and confusion. She highlights that despite an order from the Supreme […]

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Delhi High Court on “Fly Higher” in Frankfinn v. Vistara

/ By / Others, Trademark

In Frankfinn Aviation Service Private Limited v. Tata SIA Airlines, the Delhi High Court vacated the ex parte interim injunction (granted vide order dated 21 January 2022) where the High Court restrained Vistara from using “Fly Higher” in its advertisements, logos etc. In its order dated 28 October 2022, the High Court vacated the interim injunction on various grounds. I intend to confine the discussion to  the two fundamental grounds relied upon by the High Court. Vistara did not use

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From Creating Patent Ecosystem to Building National Innovation System for Industrial Growth

/ By / Innovation, Patent

We are pleased to bring to you a guest post by Prof. (Dr.) Ruchi Sharma. Dr. Ruchi Sharma is a Professor of Economics in the School of Humanities and Social Sciences at IIT Indore. Her research area is the Economics of Innovation with specific focus on R&D, Patent Policy, and Technology Transfer (FDI and Licensing). This post focuses on the need to facilitate data access by IPO for the betterment of the national innovation system. This is in view of

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Pharmaceutical trademark confusion: Poison Pill or Public Health?

/ By / Others, Trademark

Early in 2001, the Supreme Court laid down legal standards to be followed by lower courts in pharmaceutical trademark infringement and passing off disputes. The court cautioned that ‘drugs are poisons, not sweets’ and in this vein, set high / strict standards for assessing similarity and confusion in pharmaceutical trademark disputes. To be sure, these standards are not the same as those applicable to non-medical products. The requirement for having a stricter standard for medicines is almost obvious. Confusion between

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Workshop on Patent Opposition in the Pharmaceutical Field [Kochi, December 4-8]

/ By / Opportunities

We are pleased to inform you that the Inter-University Centre for IPR Studies (IUCIPRS), Cochin University of Science and Technology (CUSAT), and Third World Network are organizing a workshop on ‘Patent Oppositions in the Pharmaceutical Field’ from December 4- 8, 2022 in Kochi, Kerala. The deadline for applications is November 19, 2022. There are no registration fees and travel plus accommodation will be arranged by the organizers through scholarships. For further details, please see their announcement below: Workshop on Patent

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SpicyIP Weekly Review (November 8-November 15)

/ By / Copyright, Design, Patent, Trademark

We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. Did we miss anything big? Let us know in the comments below!   Highlights of the Week Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders In this post, Nikhil analyses the recent decision

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SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications.

/ By / Patent

Delhi High Court clarifies the position on the jurisdiction of High Courts after the Tribunal Reforms Act [Note: The present tidbit is from a quick skim of this order and we’ll try to bring out a detailed assessment soon.] To address issues pertaining to jurisdiction of High Court(s) in aftermath of scrapping Intellectual Property Appellate Board (IPAB) via the Tribunals Reforms Act, 2021, Delhi High Court passed an order clubbing three matters together. The three cases pertained to revocation of

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SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products

/ By / Copyright, Trademark

[This post is co- authored by Swaraj Barooah and Praharsh Gour.]  Bombay HC Orders Public Notice Regarding CL to Translate Mira Behn’s Autobiography Recently, in the matter of Anil G Karkhanis v. Kirloskar Press, the Bombay High Court (BHC) began proceedings on what may become the first instance of a literary work being compulsory licensed in India. The work in question is the autobiography of Madeleine Slade (popularly known as Mira Behn), titled “The Spirit’s Pilgrimage”, which the petitioner seeks

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The Shape of Shape Marks in India

/ By / Trademark

We’re pleased to bring to you a guest post by Akshay Ajayakumar examining the Delhi High Court judgment in the recent Knitpro International case, on shape marks. Akshay is a lawyer based in Munich, Germany. He is a graduate of National Law University, Jodhpur, and is currently pursuing his LL.M in IP and Competition Law from Munich Intellectual Property Law Center (MIPLC) – A cooperation project of the Max Planck Society, the University of Augsburg, the Technical University of Munich,

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A split image showing Congress leader Rahul Gandhi and a still from the movie KGF 2

Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders

/ By / Copyright

A Bangalore commercial court recently directed three tweets from the Twitter handle of the Indian National Congress (‘INC’) to be taken down. Additionally, it ordered twitter to temporarily block the handles @INCIndia and @BharatJodo until the next hearing. The order was passed ex-parte in a copyright infringement suit filed by MRT Music which holds the rights to the Hindi version of songs from the movie KGF 2. Based on a screenshot of the complaint available here, the infringement claim was made

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