EPO Decisions – The Not So Holy Grail?

Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation. This heightened interest in patent quality has gained significant attention from different stakeholders due to the criticism that the European Patent Office (EPO) management has been facing for the declining quality of …

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SpicyIP Weekly Review (July 3- July 9)

Last week, we had some interesting discussions on the blog and saw some important IP development across the courts. We featured a total of 5 posts discussing 2 significant orders from the Karnataka High Court on Twitter’s writ petition against blocking orders issued by the GOI, and on the copyright infringement complaint filed against the Indian National Congress. We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality …

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How India Learnt to Stop Complaining and Love Copyright

[This post is a part of the IP History series and is authored by Shivam Kaushik. Shivam is a 2020 law graduate from Benaras Hindu University and is presently working as a law researcher at the Delhi High Court. The first post of the series on India and the Berne Convention can be accessed here and his previous posts can be accessed here.] In the story of Indian copyright law, the city of Stockholm has a prominent place. We copyright …

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CGPDTM to Recruit 553 Patent and Designs Examiners via QCI

Starting the day with some good news, the office of Controller General of Patent Designs and Trademarks (CGPDTM) has issued a notification for recruiting 553 Patent and Designs Examiners! However, it will be done via the Quality Council of India – more details on that later below. Those familiar with the Indian IP administration will know that an inadequate workforce is a systematic challenge that has plagued the functioning of the Indian patent office and the office of CGPDTM, generally, …

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Karnataka HC Rules Against Twitter’s Plea for Restricting the Scope of Online Blocking Orders

In its judgement of June 30, 2023, in X Corp v Union of India, the Karnataka High Court ruled against Twitter in its plea to quash the Government of India’s orders issued under Section 69A of the Information Technology Act and Rules (‘Blocking Orders’), asking it to disable the accounts of certain users. The judgement by Mr. Justice Krishna Dixit expansively interprets powers to block information under the IT Act and could dramatically increase executive leeway for censorship under India’s …

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SpicyIP Weekly Review (June 26-July 2)

Last week was pretty action-packed here on the blog. We featured 8 posts discussing important IP developments like the Bombay High Court’s important clarification on the re-assignment of copyright, the opacity on public money spent on R&D by the government, in the last decade. We also featured important news reports about the change in the roster of Delhi High Court IPD and the declaration of results for the 2023 Patent and Trademark Agent Exams.  Here is our quick recap of …

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K’taka HC Refuses To Quash FIR Against Rahul Gandhi And Others

People following Indian politics would know about the “Bharat Jodo Yatra” (Yatra). While the Yatra seems to have ended, its (presumingly) unforeseen aftermath still continues to haunt the Indian National Congress (INC). Readers would remember Nikhil’s informative post on the copyright infringement claims by MRT Music against INC for unauthorised use of KGF: Chapter 2 songs. Adding to the controversy, the High Court of Karnataka in Sri Jairam Ramesh vs State of Karnataka and Ors has now refused to quash …

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Sifting Through the Pages: SpicyIP in the Junes

SpicyIP, in its over 17 years of existence, has discussed a substantial part of Indian IP’s modern evolution. From Prof. Basheer’s first SpicyIP post in October 2005, ‘from the sprawling corn fields of Illinois, Champaign’, till now, July 2023, at 17 years and 8 months old, the blog is nearing the age of legal majority! Another interesting number – in approximately 6400 days of its existence, there have been about 6200 blog posts – averaging almost a blogpost a day …

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Results for Patent and Trademark Agent Exams Are Out!!!

The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice. Of these, 103 applicants have passed the exam.  With regard to the Patent Agent Exam, of 5695 candidates who appeared for the examination, 716 had earlier qualified for the viva voice. Of these, 529 applicants have cleared the exams.  While congratulations …

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‘Where thou documents?’ asks BHC, denying interim injunction to Shemaroo

In a copyright dispute involving two giants of the media industry, Shemaroo sued Super Cassettes (SCIPL), in Shemaroo Entertainment Ltd vs Super Cassettes Industries Pvt Ltd and Ors, for allegedly publishing audio-visuals of songs from 24 films (suit films) without seeking prior permission from it. However, a Single Judge Bench of the Bombay High Court refused to grant a temporary injunction to Shemaroo placing significant emphasis on the title of the assignment deed to ascertain the rights of the parties …

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