Delhi HC Vacates Ex-Parte Interim Injunction After Seven Years

/ By / Trademark

Last month, the Delhi High Court through Justice Sanjeev Sachdeva vacated an ad-interim injunction granted in favour of ‘Three-N-Products’ (hereinafter, plaintiff) against two defendants back in March, 2011. The case involved the alleged infringement of the plaintiff’s trademark “AYUR” registered in Class 24 & 25 for goods such as bedcovers, textiles, shoes, boots, etc. The plaintiffs took issue with the mark “AYURVASTRA” used by the defendants in respect of goods such as sarees, dress materials, beds, etc. The facts are […]

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Dial B For “Bonafide” Patent Working: The Natco Irony

/ By / Patent

          Did you ever think that Natco would oppose patent working disclosure norms? After all, they benefitted from it when they applied for India’s first compulsory license. And used Bayer’s patent working information (Form 27 filings) to demonstrate that Bayer was not meeting the reasonable requirements of the public through their patented anti-cancer drug, Nexavar. Based on this assertion, they were granted the compulsory license and began selling their version of Nexavar at a much cheaper

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Hear from our Fellows 2017-18!

/ By / Others

Wondering if it’s worth applying for the SpicyIP Fellowship? Hear from our current batch of Fellows on their experience so far. Their words are sure to dispel all your doubts. Here’s what they’ve to say: Divij Joshi “The SpicyIP fellowship experience has genuinely been one of the most rewarding and challenging experiences I’ve had. From staying up all night to finish a breaking story on internet shutdowns to spending days learning about complex jurisdictional issues under the trademark act, the fellowship

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SpicyIP Events: NPTEL Open Online Course on ‘Patent Drafting for Beginners’ by Dr. Feroz Ali

/ By / Others, Patent

We are glad to inform you that Dr. Feroz Ali Khader, Chair Professor on Intellectual Property Rights (IPR) at the Indian Institute of Technology (IIT) Madras, has launched a NPTEL Open Online course titled “Patent Drafting for Beginners”. The deadline for enrollment is February 12, 2018. For further details, please read the post below: About the Course Patent specifications — the documents which encompass the patent right in a technological invention — are techno-legal documents created at the interface of science and law. Unlike

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Patent Working PIL: Ericsson claims “Club Confidentiality”

/ By / Patent

Continuing from our last post on the Delhi high court hearing on the patent working PIL, here goes: A bench comprising Justices Gita Mittal and Hari Shankar took up the matter as the first item around 10.30 or so. The court was packed, owing to the presence of a number of senior counsels. Gopal Subramanium, Sandeep Sethi and Rajiv Nayyar appeared for Ericsson (as noted earlier, Ericsson and Natco had filed applications to intervene in the matter). Whew! 3 of

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A Case for Adjusting the Delhi High Court’s Recent Approach to IP Jurisdiction Claims in Online Transaction Cases

/ By / Copyright, Others, Trademark

We are pleased to bring to you a guest post by Eashan Ghosh. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. He has previously written about the area of law covered in this post for the European Intellectual Property Review in 2015. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on

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Patent Working PIL (Update): Govt To Frame Rules To Prosecute Errant Patentees

/ By / Patent

Continuing our updates on the patent working PIL, here is what transpired in court today (bench comprising Justice Gita Mittal and Justice Hari Shankar) . A number of leading counsels including Sandeep Sethi, Rajiv Nayyar, Pravin Anand, Chander Lall etc showed up for a number of parties that wished to intervene in the matter (such as Ericsson etc). Ericsson and Natco had filed applications for intervention at the last date of hearing (18th Feb) and I will carry a separate

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Choco Wars: The Attack of the Mars (Part I) #Slogan Mark #”Have a Break”

/ By / Trademark

Episode 3 THE ATTACK OF THE MARS In a jurisdiction far, far away, Nestle and Mars, the confectionary behemoths, battle it out on the floors of the European Court of Justice. The Mark “Have a break…Have a Kit Kat” was already registered as a TM by Nestle, but now, Nestle is trying to register “Have a break” in isolation. Will Mars be able to stop Nestle…   The following discussion, despite being based upon a 2005 ECJ Judgment (C-353/03), is extremely relevant to TM

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SpicyIP Weekly Review (January 28 – February 3)

/ By / Others

This week’s thematic highlight was Sreyoshi’s post on the controversy brewing between Indian textile artists and label ‘People Tree’ and the high fashion brand Dior, on what appears to be the copying of the former’s block print and artwork by the latter. The post examines the controversy in light of potential copyright claims that the designers may have and further uses the example to discuss the protection of Traditional Cultural Expressions in the context of cultural appropriation, and why we

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Delhi High Court Vacates Injunction in Plaintiff’s Favour in a Case on the Design of Ball Point Pens

/ By / Design

In a comprehensive and well-reasoned judgment issued last month, Justice Valmiki Mehta of the Delhi High Court (“Court”) vacated an interim injunction in a design infringement case. While the facts of the case are fairly straightforward and the conclusion arrived at by the court is founded upon a reaffirmation of well settled legal principles, some consequences flowing from the judgment merit deeper scrutiny. The judgment arose out of an application for the grant of injunction filed by the plaintiff, Pentel

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