Brace yourself, it’s getting a bit procedural: Analysing Macleods Pharmaceuticals Ltd v. The Controller of Patents & Anr.

/ By / Patent

The Delhi HC in Macleods Pharmaceuticals Ltd v. The Controller of Patents & Anr. answered whether a revocation petition is sustainable if the defence of invalidity has been taken in an infringement suit and whether a revocation petition is sustainable when the patent has expired. SpicyIP Intern Bharathwaj Ramakrishnan explains the Court’s finding in its judgment in Macleods. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed […]

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A Rare Invocation for a Rare Disease?: Government Urged to Invoke Section 100, Patents Act for Rare Disease Medicine

/ By / Patent

Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. SMA is a genetic disease affecting the nerve cells that control voluntary muscle movement. SMA incidence in India is one in 10,000 live-born babies. Section 100 empowers the central government to use, or

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Taking a Look at the Delhi High Court’s Ambitious (Yet Necessary?) Directives in Master Arnesh Shaw v. Union of India

/ By / Others

[This post is authored by Sunidhi Das. Sunidhi is a second year student at NLSIU, Bangalore and is very enthusiastic about IP law and policy. Also a big thanks to Bharathwaj Ramakrishnan, Md. Sabeeh Ahmad, Praharsh, and Swaraj Paul Barooah for their input. Long post ahead.] On October 4, 2024, the Delhi High Court issued a judgment in Master Arnesh Shaw v. Union of India, directing the Union Government to allocate ₹974 crore to the National Fund for Rare Diseases

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SpicyIP Weekly Review (January 13 – January 19)

/ By / Copyright, Others, Patent, Trade Secret, Trademark

Here is our recap of last week’s top IP developments including summary of the post on the analysis of Cigma Events Private Limited v. Deepak Gupta & Ors and enforcing criminal remedies against IP infringement in India. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Trust Issues – When Secrets Come with a Commercial Price: Analyzing Cigma Events Private

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Trust Issues- When Secrets Come with a Commercial Price: Analyzing Cigma Events Private Limited v. Deepak Gupta & Ors

/ By / Trade Secret

Discussing the Delhi High Court’s clarification regarding the economic value of the information to qualify as confidential information, SpicyIP Intern Bharathwaj Ramakrishnan explains the Court’s finding in Cigma Events v. Deepak Gupta. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. Trust Issues- When Secrets Come with a Commercial Price: Analyzing Cigma Events Private Limited v. Deepak Gupta & Ors By Bharathwaj Ramakrishnan In a recent case

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SpicyIP Weekly Review (January 6 – January 12)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of the posts on Lemley’s and Henderson’s paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in Personality Rights cases. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week

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Enforcing Criminal Remedies Against IP Infringement in India: A Long Road to Justice?

/ By / Copyright

In a recent order, a Mumbai Magistrate Court acquitted the accused in a copyright infringement case after 37 years! Discussing this and other similar instances, SpicyIP Intern Aditi Agrawal writes on the state of affairs in enforcing criminal remedies against copyright infringement allegations. Aditi is a final-year B.A., LL.B (IPR Hons.) student at The ICFAI University, Dehradun. Enforcing Criminal Remedies Against IP Infringement in India: A Long Road to Justice? By Aditi Agrawal Punishment should not be inflicted “where it

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Navigating Personality Rights – Does Fame Have a Trade-Off?

/ By / Others, Trademark

Regarding personality rights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Rebecca is a corporate lawyer specializing in financial regulatory practice, with an interest in intellectual property rights. Views expressed here are those of the authors alone. Navigating Personality Rights – Does Fame Have a Trade-Off? By Rebecca Cardoso In recent years, the right to publicity, often

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Committee Recommends Deregistration of Patent Agent After Professional Misconduct Allegations

/ By / Others, Patent

The CGPDTM has ordered the removal of a patent agent from the Register of Patent Agents following a recommendation by the Ad-Hoc committee that had been constituted by the DPIIT to deal with the complaints against Patent or Trademark Agents. Readers will recall that back in September 2024, the CGPDTM had formed two committees following the Delhi HC’s directions in Saurav Chaudhary v. Union of India & Anr. Interestingly, the agent in this case was the one involved in Saurav

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Two fighters facing off at a weigh-in event, with a man in a red shirt standing between them to separate them. The fighter on the left is labeled "CONTRACT LAW," the one on the right is labeled "COPYRIGHT LAW," and the man in the middle is labeled "COURTS," representing the courts mediating disputes between contract law and copyright law.

Discussing Lemley and Henderson’s  “The Mirage of Artificial Intelligence Terms of Use Restrictions”

/ By / Copyright, Others

“There is a certain hypocrisy in arguing that training models on the public’s data is fair use but then seeking to prevent others from doing the same thing.” -Lemley and Henderson Generative AI companies have been in the news all around this year. For both good and not-so-good reasons. Various Suits have been filed against these companies, arguing that the training process violates copyright protection. (USA,Germany, Canada). No one knows what the outcome of these ongoing disputes will be. Amidst this,

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