SpicyIP Tidbit: Reasons be Recorded While Granting Ex-parte Injunctions, held the Delhi High Court

/ By / Others

Recently, Praharsh shared an interesting order, Kailash Kumar Jain v. Kundan Electro, with me concerning ex-parte proceedings—where the Delhi High Court called out non-recording of reasons by the trial court for granting ex-parte injunctions, setting the suit afresh. While there have been past instances where courts have criticized the unreasoned granting of interim ex-parte injunctions (see, e.g., here), the present case places special emphasis on this issue. Examining the current law and cases on ex-parte injunctions, the case raises the […]

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Role of Family Courts in Intellectual Property Disputes: Looking at the Calluna Dispute before the Kerala High Court

/ By / Trademark

[This post has been authored by SpicyIP intern Kaustubh Chakrabarti. Kaustubh is a second year BA.LLB. (Hons.) student at Hidayatullah National Law University, Raipur.] On 10th October 2024, an intriguing question regarding jurisdiction of a family court over a trademark infringement claim came up (pdf) in front of a division bench of the Kerala High Court comprising of Justices Devan Ramachandran and M.B. Snehalatha. The petitioner, Mr. C.K. Chandran was seeking a permanent prohibitory injunction against the respondent, his spouse,

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Part II: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case

/ By / Patent

[The post is co-authored by Praharsh and Sabeeh.] In light of the controversy surrounding the rejection of BASF’s divisional application, in Part I, we looked at the order granting a patent to its parent application. A few hours after this grant order, BASF co-incidentally filed its divisional application which was rejected by the Patent Office, despite BASF’s request to condone the delay (pdf). Interestingly, the Patent Office still proceeded with examining BASF’s application despite the delay in filing the divisional

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SpicyIP Weekly Review (December 2 – December 8)

/ By / Copyright, Others, Patent, Privacy

Here is our recap of last week’s top IP developments including summaries of the posts on Madras HC’s setting aside another IPO order for being unreasoned, the use of name of the late singer M.S. Subbulakshmi on an award posthumously against the expressions in her will, and the Swiss Senate approval of FTA with 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.

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Part I: Unreasoned Patent Grants and Rejections: Taking a Look at the Division Application Filing Fiasco in the BASF SE Case

/ By / Patent

[This Post is co-authored by Swaraj, Praharsh, and Sabeeh] The November 28 order (pdf) of the Madras High Court is being extensively discussed among the patent attorneys circles of India as it deals with a unique situation concerning the timeframe to file a divisional application vis a vis grant of the parent application. The High Court was hearing an appeal by the EU chemical manufacturer BASF SE (Badische Anilin- und Sodafabrik) (appellant/ applicant) filed against a rejection order by the

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Swiss Senate approves FTA with India: What’s at stake for patents?

/ By / Others

Image from here. On December 3, the Swiss Senate (Council of States) overwhelmingly approved an FTA, the Trade and Economic Partnership Agreement, between India and the European Free Trade Association (EFTA). With a unanimous 41 votes in favour and 3 abstentions in the Senate, the agreement will now await the approval of the National Council. Signed in March 2024 after 16 years of negotiations, the FTA promises to redefine economic relations between India and the EFTA countries, Switzerland, Iceland, Liechtenstein

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V Shrinivasan v. Music Academy: “Will”ing Posthumous Privacy/Publicity Rights into Existence

/ By / Others

Can someone’s wishes expressed in their Will overcome the precedents on descendability of publicity rights? Bharathwaj explores this question in light of the recent controversy surrounding the use of late singer M.S Subbulakshmi’s name as part of an award. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. V Shrinivasan v. Music Academy: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim

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Another day, Another Unreasoned Order by the Indian Patent Office: Analyzing Signal Pharmaceuticals vs Deputy Controller of Patents

/ By / Patent

In Signal Pharmaceuticals vs Deputy Controller of Patents, the Madras High Court set aside the impugned order by the Indian Patent Office for being a non-speaking one. Analysing the Court’s decision, Bharathwaj discusses when an order is regarded as non-speaking and assesses the probable reasons for such orders. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous posts can be accessed here. Another day, Another Unreasoned Order by the Indian Patent Office:

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[Sponsored] PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research

/ By / Sponsored

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new AI assistant. For more details, read on their announcement below: PatSeer Announces “PatAssist”, an AI Assistant Designed to Empower Each Step of Your Patent Research PatSeer, a global provider of AI-driven IP research and intelligence platform, is excited to announce the launch of its AI assistant “PatAssist”. Designed to answer deeper technical questions on your patent datasets with a high degree of

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Counterfeit Goods and Criminal Sanctions: Assessing P&H Order on Procedural Irregularities in Arun Kumar vs State of Punjab

/ By / Copyright, Trademark

Discussing the Punjab and Haryana High Court order quashing the charges of copyright and trademark infringement on substantive and procedural grounds, SpicyIP intern Bharathwaj Ramakrishnan assesses the Court’s findings on copyright infringement and explains the procedural requirement under Section 115 of the Trademarks Act. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. His previous post can be accessed here. Counterfeit Goods and Criminal Sanctions: Assessing P&H Order on Procedural Irregularities in Arun Kumar

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