Goa Circular, Permission for Music at Weddings, Police Sensitization: Anything New? Yes.

Bonjour. I got you something from Goa – a circular! Yes, a circular saying that there is no need to take copyright permission for the performance of musical works at religious ceremonies/weddings/social festivals! Unsurprisingly, the same has been challenged as well, by Phonographic Performance Limited and Sonotek Cassettes Company. This brief post discusses the key elements of the current circular and underscores the previous discussion on the issue.  Goan Circular’s Sensitization of Police … While I couldn’t find the official […]

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Non-literal Infringement: Clarity or Confusion?

Discussing the Delhi High Court’s recent interpretation of the doctrine of equivalents in SNPC Machines Private Limited & Ors. v. Mr Vishal Choudhary, we are pleased to bring to you this post by SpicyIP intern Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore. His previous post can be accessed here. Non-literal Infringement: Clarity or Confusion? By Vishno Sudheendra The Delhi HC on 5th March 2024 pronounced an order, in SNPC Machines Private Limited & Ors. v. Mr

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An End to IP Attorneys Association’s Struggle with the Trade Mark Registry’s Portal?

In light of the recent orders by the Delhi High Court to resolve the problems caused by the Trademark Registry websites’ outage, we are pleased to bring to you this post by SpicyIP Intern Aarav Gupta, discussing the interim measures put in place by the Court. Aarav is a third-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading and watching sports. His previous post can be accessed

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Mischief, Manifestation, and the Michelin Trademark!

In light of the recent controversy concerning a Delhi-based restaurant’s use of a “Michelin plaque”, we are pleased to bring to you this guest post by Dr. (Prof.) Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Prof. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Mischief, Manifestation, and the Michelin Trademark! By Dr. (Prof.) Sunanda Bharti Vir Sanghvi, a prominent Indian journalist and author known for his insightful

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SpicyIP Weekly Review (March 18- March 24)

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part I In this two part post

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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., which was written in the context of the October ’23 draft amendments. Prashant raises questions as to the influence of business lobbying groups, and concerns regarding the then proposed changes to the Rules. Please note: in the finally published Rules (last week), the proposed change to pre-grant oppositions has been modified in the finally published version. Earlier, the controller could

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A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part II

[This post is co-authored with Praharsh.] In part I of the post we discussed the implication of the new patent amendment Rules on the obligation to file working statements and information on corresponding foreign applications to the Indian patent applications. In this part we shall discuss the implications of the Rules on Pre-grant Opposition mechanism.  Pre-grant Oppositions On the issue of pre-grant oppositions, it is to be noted and appreciated that the published rules have taken into consideration some of

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A Patent System’s Job is to Incentivize More Innovation, Not Merely More Patents: Looking at the New Patent (Amendment) Rules- Part I

[This post is co-authored with Praharsh.] Last week, the DPIIT published amendments to the Patent Rules, 2003, bringing changes to amongst other things, some important patent policy levers like working statement requirements, disclosure about corresponding foreign applications, pre-grant oppositions, etc. While there has been much vocal praise over the Rules in general, there has been surprisingly very little nuanced or analytical discussion of what these changes mean to the Indian Patent Eco-system as a whole (which includes more than just

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Delhi HC in Zed Lifestyle Pvt Ltd. V. Hardik Mukeshbhai Pansheriya and Ors – a case of TM infringement and Intermediary Liability

Overview of the Case The plaintiff filed an infringement suit against the defendants from using any mark which is identical or deceptively similar to the plaintiff’s word and device mark “BEARDO”. The Court granted ex parte ad interim injunction dated 4 May 2021. The Court directed Amazon (the defendant No. 3) to remove the products of Defendants 1 and 2 from the “BEARDO STORE” webpage. The defendants 1 and 2 did not appear and the Court granted a permanent injunction

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SpicyIP Weekly Review (March 11- March 17)

[This SpicyIP Weekly Review is authored by Kevin Preji.  Kevin is a second-year law student at NLSIU Bangalore. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here.] After a busy week at the blog, here is our recap of last week’s top IP developments including summaries of posts on the Patent Office’s disposal of 1500+ patent applications in one day, Delhi High Court’s decision in Interdigital v

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