IP Rights, Access, and WHO’s Pandemic Accord

/ By / Patent

On February 1, 2023 the Zero Draft of the WHO’s proposed Pandemic Prevention, Preparedness and Response Accord was published by the Intergovernmental Negotiating Body. Bringing us up to date with the key aspects of the accord and the current stage of negotiations, we are pleased to bring to you a guest post by SpicyIP intern Arnav Laroia. Arnav is a second-year law student at West Bengal National University of Juridical Sciences, Kolkata. He is interested in understanding and advocating for […]

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SpicyIP Weekly Review (October 30- November 5)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case Are Compulsory Licenses the cure for assuring access to drugs? In her detailed post, Tejaswini Kaushal takes a deep dive into the facts of the ongoing case before the Kerala High Court

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Potential Loopholes in the Execution of Local Commission

/ By / Others

IP lawyers would agree that local commission plays an extremely important role in IP litigation by assisting the court in securing evidence against the allegation of infringement. Highlighting potential vulnerabilities in executing a local commission and discussing the solutions to overcome them, we are pleased to bring to you a co-authored post by Rohit Pradhan and Brahmakrit Rao Gadela. Rohit is an IPR litigator working as an Associate at LitLegal, practising before Hon’ble Delhi High Court and Districts Court in

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Time to look Beyond Compulsory Licenses? A Glimpse at the Ribociclib Case

/ By / Patent

[This post is authored by SpicyIP Intern Tejaswini Kaushal with inputs and comments from Swaraj and Praharsh. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law]. Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“CL”) for breast cancer medications, Ribociclib and Abemaciclib. In an affidavit filed before the

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No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India

/ By / Trademark

Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to bring to you a guest post by Akshay Ajayakumar. Akshay 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). He is currently a consultant at Sim and San, Attorneys At Law. His previous posts can be accessed here. Views expressed here

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Delhi High Court Directs Maharaja to Pay a King’s Ransom in a Patent Infringement Suit  

/ By / Patent

[This post has been co-authored with Swaraj Paul Barooah]. Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. (the defendant) to pay upwards of 81 lakhs (INR 81,44,925 to be precise) as damages to Strix Ltd. The decision is important on three counts- First, it is perhaps one of the rare decisions where the court has computed notional damage on a “reasonable royalty basis”; Second, it is one of

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SpicyIP Weekly Review (October 23- October 29)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy After an illustrious career spanning more than 4 decades at the bar and bench, the doyen of Intellectual Property Rights, Justice Shripathi Ravindra Bhat retired as a Judge of the

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Draft Rules for Geographical Indications Published, Comments Invited by November 19

/ By / Geographical Indication

The Ministry of Commerce and Industry (MoCI) published 2023 Draft Amendments to the Geographical Indication Rules 2002, in the Gazette of India on October 20, inviting objections and suggestions from the relevant stakeholders. The draft also calls for comments from stakeholders within 30 days of its publication in the Gazette. The Department for Promotion of Industry and Internal Trade (DPIIT) and the Controller General of Patent, Designs and Trademark (CGPDTM) announced it on their website on October 27, 2023 i.e.

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Dark Patterns Unmasked: Examining Their Influence on Digital Platforms and User Behaviour

/ By / Others

On September 7, the Ministry of Consumer Affairs published the Draft Guidelines for Prevention and Regulation of Dark Patterns 2023, inviting comments from the public. Though the deadline for sharing these comments passed on October 5 and the government is presently working on finalizing the Rules, we received a guest post underlining the need to regulate the menace caused by dark patterns and its interaction with intellectual property rights. On this note, we are pleased to bring to you this

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SpicyIP Weekly Review (October 16- October 22)

/ By / Copyright, Design, Patent, Trademark

[This SpicyIP Weekly Review is co-authored with SpicyIP intern Sidhi Pramodh Rayudu. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. He is interested in IP law, and commercial and criminal litigation.] Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Deadline to File Comments/

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