Looking at the DHC’s order in Jainemo Pvt. Ltd. v. Rahul Shah Through the lens of the DU Photocopy Case

/ By / Copyright

The Delhi High Court on September 27, 2023 granted an injunction to the plaintiff in Jainemo Pvt Ltd. v. Rahul Shah, restricting the defendants from disseminating educational material online. Assessing the rationale of the order through the lens of DU photocopy case, we are pleased to bring to you this guest post by SpicyIP intern Yogesh Byadwal. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, […]

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SEPs & FRAND: Misnomers & Maladies

/ By / Patent

Often the discussion around SEPs and FRAND is muffled because of the surrounding technicalities, and accompanying jargon and only rarely does one come across a work that is able to explain the nitty gritty of SEP and FRAND in a simple manner. We recently came across one such short paper on “SEP Litigations & Issues in Determining the FRAND License” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here) and extended a guest post

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A Deeper Look into the Humans of Bombay and People of India Fiasco

/ By / Copyright

[This post has been co-authored with Swaraj and Nivrati Gupta. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. Long post ahead.] The Delhi High Court recently in Humans of Bombay v People of India granted an interim relief to ‘Humans of Bombay’ (HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the

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Appeal Against NBA’s Order: Use Of Biological Resources For Research Purposes Amounting To Commercial Utilisation?

/ By / Others

In 2018, an Office of Memorandum (Memo) was passed by the Ministry of Environment, Forest and Climate Change directing the National Biodiversity Authority (NBA) to consider, on merit, the cases of entities/ persons, who were unaware of the provisions of the Biological Diversity Act and were using biological resources without approval. Thus, as explained by Adarsh here, this Memo enabled such entities to get an ex-post facto approval for past conduct. Emitting from this arrangement is the appeal in DCM

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SpicyIP Tidbit: 2023 Nobel Prize in Physiology for Base Modifications in mRNA Vaccines

/ By / COVID-19, Innovation

SpicyIP Intern Tejaswini Kaushal brings us a quick tidbit on the new Nobel Prize winners in Physiology. Read on for more! Tejaswini’s previous posts can be viewed here Katalin Karikó and Drew Weissman have become the joint recipients of the 2023 Nobel Prize in Physiology for their discoveries related to nucleoside base modifications in mRNA that have so-remarkably paved the way for the development of highly effective mRNA vaccines against COVID-19. Aside from the prestige, the award comes with a

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Comments from Other Bodies/ Organizations on the Draft Patent (Amendment) Rules, 2023

/ By / Patent

In the earlier post, publishing Swaraj, Tejaswini and Praharsh’s comments to the Ministry of Commerce on the proposed Draft Patent (Amendment) Rules, we had extended an open invitation to anyone to share their submitted comments to the Ministry with us, for publication. In response to our invitation, we received comments from the Indian Drug Manufacturers Association (IDMA) and Public Citizen. We’re glad to see that some stakeholders are willing to make their comments public and still hope that the Ministry

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SpicyIP Weekly Review (September 25- October 1)

/ 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 Bayh Dole-esque Guidelines Notified by Dept of Biotechnology Earlier this month, Dept of Biotech notified the DBT IP Guidelines for ownership and commercialization of IP arising from DBT funded research outcomes. This comes nearly 10 years after the PUPFIP bill’s withdrawal. Swaraj shares some

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Image Rights Alright—But Can They Trump Established Rights and Doctrines? Should They?

/ By / Copyright

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. While the development is being extensively discussed in the context of interaction between personality rights and deepfakes (see here, here, here and here), we are pleased to bring to you a guest post by Dr. (Prof.) Sunanda Bharti on the copyright aspect of the personality rights emitting from this order, reserving

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Applying Section 100A No More?: Delhi High Court Allows Letters Patent Appeal Against Single-Judge Orders Passed Against Trademark Registrar’s Decisions

/ By / Trademark

In another noteworthy order concerning letters patent appeals in trademark disputes, a division bench of the Delhi High Court has clarified that such appeals will be permitted against the Single Judge’s order if the order is passed in an appeal against an order by the Trademark Registrar. Discussing this development further, we are pleased to bring to you a post by SpicyIP intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law

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Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising

/ By / Trademark

Last month we had a detailed post by Aditya Gupta on the DHC Division Bench order in Google v. DRS, explaining the Court’s approach towards determining whether the use of a mark as a keyword will amount to trademark infringement or not. Taking the discussion on the order forward, we are pleased to bring to you a guest post by Nivrati Gupta on its probable impact. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute

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