[Part II] – New Performance metrics might be in place in the IPO!

In the previous post, we had discussed the new OO 537/2025 that is allegedly in place to measure the performance of patent officials. I discussed the metrics in detail in the context of how it incentivises issuing reasoned orders in some instances, while not in other instances. In this post, I will discuss the need for a reasonableness checklist, how the metrics apply to PGO and finally what it means for patent quality. Moving towards a reasonableness checklist:  Questions need […]

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[Part I] – New Performance metrics might be in place in the IPO!

While I was railing against the Indian Patent Office’s (IPO) Order 34/2016 in a previous post, the IPO might have silently put in place a more comprehensive point-based system to measure the performance of both Examiners and Controllers. This new Office Order (Office Order 537/2025 or OO 537/2025) overrides Order 34/2016 and takes effect from 09/05/2025. Unfortunately, this information was not made public, and I was railing at an order which might have been overruled and is not in effect.

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SpicyIP Weekly Review (June 16 – June 22)

Starting this week with some delightful snapshots for our readers from the SpicyIP Summer School which kicked off with intriguing sessions by Murali Neelakantan and Sandeep Rathod!  Is IndiaMART a marketplace or a directory? – Post on Delhi HC’s granting of interim injunction against IndiaMART. Post on Delhi HC’s domestic injunction against Dr Reddy’s weight loss drug. Do payments for cloud computing services to AWS constitute “royalty”? – Post on Delhi HC’s judgment on the issue. This and much more

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Not “Well-Known” Enough? What the Bombay HC’s Decision On TikTok Tells Us About Well-Known Marks

Banned in June 2020 on the grounds of national security, popular short-form video-sharing platform TikTok is no stranger to controversy in India. Continuing this saga, last week, the Bombay High Court (“the Court”) denied recognition to the registered trademark “TikTok” as a “well-known mark” (under Rule 124, Trademark Rules, 2017). Defined in Section 2(zg) of the Trade Marks Act, 1999 (“the Act”), a “well-known trade mark” in relation to any goods or services, refers to a mark that has become

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Panel Discussion: The Future of Affordable Biosimilars in India

TWN invites you to a panel discussion on the future of affordable biosimilars in India. The discussion will take place on June 23, 2025 at 3:30 PM – 5:00 PM. For more details check out their concept note below :- Panel Discussion: The Future of Affordable Biosimilars in India Biosimilars are a lifeline for patients in need of affordable, life-changing biologic therapies for conditions such as cancer, autoimmune diseases, and diabetes—especially in countries like India, where the high cost of

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Dark Patterns in the Spotlight as CCPA Pushes for Platform Accountability

On the recently released advisory by CCPA directing e-commerce platforms to detect dark patterns, SpicyIP Intern Anureet Kaur explains the mode of operation under the advisory and assesses its effectiveness. Anureet is a second-year B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab. She has a keen interest in Intellectual Property Law and enjoys exploring the intersection of legal principles with innovation and creativity through research and writing. Her previous posts can be accessed here. Dark Patterns

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A Stumble on the Tightrope?: How the Delhi High Court’s Ruling in Zeria Pharmaceuticals Could Stifle Innovation

The Delhi High Court recently dismissed an appeal against the Controller’s order rejecting a patent for an intermediate on the grounds of Section 3(d). Analysing the Court’s decision, SpicyIP intern Ayush Shetty argues how the Court might have erred in applying the provision by comparing the intermediate with the final product. Ayush is a fourth-year law student at the National Law School of India University, Bangalore, with a keen interest in patent law. A Stumble on the Tightrope? How the

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Walking on ‘Thin’ Ice: DHC Domestically Injuncts Reddy’s from Selling Novo Nordisk’s Weightloss Drug

[A big thanks to Praharsh and Swaraj for their inputs on this post.] [Disclaimer: Long post ahead] A recent order (pdf) by the Delhi High Court (DHC) has drawn significant attention regarding the manufacture and availability of the diabetes management and weight-loss assistance drug semaglutide (sold as Wegovy and Ozempic). On 29 May 2025, the Single Bench (SB) comprising Justice Amit Bansal restrained Indian companies Dr. Reddy’s Laboratories (DRL) and OneSource Specialty Pharma Ltd (OSSPL) from selling semaglutide domestically in a

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Is it a Marketplace or just a Directory? The DHC Considers the Trademark Infringements from IndiaMART

On the Delhi High Court’s DB judgement setting aside the interim injunction on the online B2B platform IndiaMART, SpicyIP intern Arnav Kaman explains how the decision sets the right tone by allowing IndiaMART to claim safe harbour defence and clarifying that the liabilities of the trademark infringement lie only between the buyer and seller and not such platforms. Arnav is a 3rd Year Law student from Rajiv Gandhi National University of Law, Punjab. He’s interested in Narratives and the Law.

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(No) Royalty in the Clouds: Between Copyright and Consumption

In a significant judgement, the Delhi High Court in Commissioner of Income Tax v. Amazon Web Service held that payments for cloud computing services to AWS do not constitute “royalty”(one of the reasons being the absence of any commercial exploitation of IP rights involved). Rupam and Kartik analyse this judgement, explaining how it marks a pivotal moment in India’s approach to taxing cross-border digital transactions. Rupam is a final-year law student at NLSIU, Bangalore, and a Foundation for International Tax Scholar

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