SpicyIP Weekly Review (May 15- May 20)

/ By / Copyright, Others, Patent, Trademark

[This Weekly Review has been co-authored with Surmayi Khatana. Surmayi is a second year student pursuing LL.B from Government Law College, Mumbai. Her previous post can be accessed here.] Here are the quick summaries of the 4 posts, 8 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts? Please let us know so we can include them! Highlights of the Week DHC’s IPD Annual Report …

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Monday Trademark Musings

/ By / Trademark

We are having a lot of trademark disputes these days (keep a check on our weekly reviews.); with every other day seeming to bring new issues to look at. In the last two weeks, I noticed three cases that intrigued me and made me wonder about their conceptual coherence. In this post, I present those cases and broach some questions for discussion. Please note that a full discussion of facts and arguments is not done in this post. Who is …

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SCOTUS Sundae: Large Scoops of Weekend IP Reading!

/ By / Copyright, Patent

This Sunday, I bring to you a few judgments from the Supreme Court of the United States (SCOTUS) which at first glance, may not have a direct relevance for the Indian IP landscape yet are quite significant developments that our readers are likely to be interested in. I’m yet to read these orders in depth myself and have added links to some commentaries for your weekend reading. Please feel free to comment with your own thoughts or links!  Happy reading! 

DHC’s IPD Annual Report a Positive Step for Transparency – Here’s How It Could Go Further

/ By / Others

To mark the occasion of World IP Day on 26th April 2023, the Delhi High Court’s IP Division (IPD) released its annual report for 2022-23, detailing the progress made by it in the past 1 year. Released after a few months from the date of IPD’s 1st anniversary i.e. 28th February 2023, the report is full of interesting comments from the Judges of the IPD and the members of the IP Bar and has a dedicated chapter summarizing the key …

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Special 301 Report 2023: Reflections from Public Health Perspective

/ By / Drug Regulation, Others, Patent

The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions. India, which has featured in this list multiple times in the past, (as highlighted on the blog by different …

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Understanding the International Guide to Patent Case Management for Judges by WIPO

/ By / Patent

[This post is authored by SpicyIP intern Devanshu Agrawal. Devanshu is a second-year student pursuing B.A. LL.B. (Hons.) from National Law School of India University, Bengaluru.] A report titled, “An International Guide to Patent Case Management for Judges”, has been released by the World Intellectual Property Organisation (WIPO) to bring into the limelight the considerable progress achieved in patent case management in ten jurisdictions. The broad parameters in the report include structural reform of courts, statutory revisions, implementation of innovative …

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SpicyIP Weekly Review (May 8- May 13)

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

[This Weekly Review has been co-authored with Shikhar Chauhan. Shikhar is a second-year law student at NALSAR University of Law, Hyderabad. He shares a keen interest in developments concerning IP Law.] Here are the quick summaries of the 5 posts, 16 case summaries, and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from different High Courts? Please let us know so we can include them! Highlights of the Week Announcing the …

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Inviting Applications for the SpicyIP Doctoral Fellowship!

/ By / Opportunities

Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship. Please see all details as below:  Eligibility: 1. Candidate must be a current doctoral candidate at a university located in India, or a candidate who has received an admission offer for a doctoral programme that is to start prior to Dec 31st, 2023, at a university located …

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Announcing the SpicyIP Empirical Scholarship Database Series!

/ By / Copyright, Patent, Publication

Moving from Faith-based positions to Fact-based positions has been a topic that Prof Shamnad Basheer had long been propounding on this blog, with several prominent examples such as the petition to the Government to make Indian patent information available online more than 15 years ago, to displaying glaring gaps in Form 27 declarations, from the “Indian Bayh Dole” issues, to countering claims about textbook prices, and more. Indeed, this commitment to fostering accountability and transparency in the Indian IP eco-system …

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World of Possibilities: Single Judge Bench of Delhi High Court Allows Use of Celebrity Information Available in Public Domain

/ By / Others

In a landmark order regarding right to publicity, the Single Judge Bench held in the case of Digital Collectibles vs Galactus Funware Technology Pvt Ltd  that the use of publicly available information of a celebrity will not amount to infringement of right to publicity. Contributing significantly to defining the scope of publicity rights, the Court said that in the absence of statutory basis for right to publicity, one must rely on principles of the tort of passing off. It further …

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