Patent

Examining Oppositions: Time for a Deeper Look


As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. We are pleased to bring to you a guest post by Sandeep K. Rathod critically assessing some key aspects of the report. Sandeep is a lawyer who comes with 2 decades of experience in pharmaceutical law, drug…


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Others

Kerala High Court on Publishing Judgments and Right to be Forgotten: Some Points to Ponder Upon


While remembrance often occupies a higher pedestal in our social setting, forgetting has its own charm! There is a reason muscle memory is often linked to remembering when forgetting may also require an active action! Why all this philosophical fodder suddenly on an IP blog …  Well … there’s a (new?) right in the town called the right to be forgotten (“RTBF”), an antipode of the right to know (or a right to remember, by a logical extension?) which is…


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Copyright

Welcome Clarification?: Police Commissionerate, Jaipur issues Circular on Section 52(1)(za) of Copyright Act


In this post our SpicyIP intern, Gaurangi Kapoor writes on the circular issued by Police Commissionarate, Jaipur on exempting the use of sound recordings during marriage ceremonies.  Gaurangi completed her LLM in IP and Technology law from Jindal Global Law School in 2022. Her current areas of interest are copyright, design and artificial intelligence. Welcome Clarification?: Police Commissionerate, Jaipur issues Circular on Section 52(1)(za) of Copyright Act Gaurangi Kapoor Post-pandemic not only brought back the wedding boom to India but…


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Competition Law Copyright Design Drug Regulation Patent Trademark

SpicyIP Weekly Review (January 10- January 16)


After another busy week here at SpicyIP, we bring out the quick summaries of the 6 blogposts that were put up, along with 12 case summaries and national and international IP developments for you. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week Bill to Decriminalise IP Offences Misses the Mark and Dilutes Significant Provisions Discussing the proposed amendments to the IP…


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Copyright

V. Prabhakar v. M/S. Saga Films: Madras High Court on Interim Injunction and Section 12A of Commercial Courts Act


The Madras High Court, vide judgment dated 17 November 2022, held that the pre-institution mediation and settlement under Section 12A of the Commercial Courts Act is mandatory and rejected the plaint for injunction against the release of Tamil movie ‘Yugi’. Brief Facts The petitioner, V. Prabhakar, filed a plaint dated 16 November 2022 alleging that the movie ‘Yugi’ (which was to be released on 18 November 2022) infringed his copyright over the Malayalam movie ‘Dasharatham’ (released in 1989). The petitioner…


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Copyright Patent Trademark

Bill to decriminalise IP offences misses the mark and dilutes significant provisions


The Parliament is considering a bill that decriminalises offences across 42 statutes. Intellectual property rights statutes i.e. the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999 are among the laws that are proposed to be amended. The objective of this bill is to increase the ‘Ease of Living and Doing Business in India’. The Statement of Objects and Reasons provide several general reasons for the bill including making India a…


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Opportunities Patent

10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]


Everybody loves a challenging moot court, don’t they? And what can be better than one dealing with intricate IP issues? We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. The competition is from 24th March- 26th March 2023. Certificates, trophies and monetary prizes will be awarded to the Winner, Runners up, Best Speaker, Best Researcher and Best…


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Drug Regulation Others Patent

Indian government denies access to Covid 19 vaccine collaboration agreements


The Indian government has refused to disclose its collaboration agreements and investments made in developing and procuring India’s Covid 19 vaccine – Covaxin, the Indian mRNA and intranasal vaccine candidates. Despite widespread public interest in these arrangements, the government has consistently rejected Right to Information (RTI) applications requesting this information. (for the responses received from the CIC see here, here and here) Prashant Reddy (who needs no introduction on this blog) filed several RTI requests covering public-private partnership arrangements related…


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Trademark

The Buck Stops At Freedom Of Expression: Delhi High Court Clarifies The Situation On Disparagement In Case Of Generic Comparison 


[This post has been co-authored with our SpicyIP intern Ananya Dutta. Ananya is a 4th year student pursuing B.A LL.B (Hons.) from the Institute of Law, Nirma University.] In an extremely detailed order in Zydus Wellness Products Ltd. V. Dabur India Ltd., concerning the issue of comparative advertising and disparagement, the Delhi High Court held that “an advertiser ought to have the freedom to make advertisements with generic comparison highlighting the features of its own product..” thereby giving leeway to…


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Patent

SpicyIP Tidbit: IPO Cannot Introduce New Objections During a Hearing, holds Delhi High Court


Of late we have witnessed multiple orders (see here, here and here)  from different High Courts wherein the courts, without touching on the merits of the case, have clarified the expectations from the orders of the Indian Patent Office (IPO). Usually, these orders concerned the lack of appropriate reasons and justifications in part of the IPO, while rejecting a patent application. In this tidbit, we shall discuss another order from the Delhi High Court where the court has asserted the…


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