DHC IPD Second Annual Report 2023-24: Key Takeaways!

/ By / Others

Image from here IP Court watchers will be pleased to know that the Delhi High Court’s IP Division has published the 2023-24 edition of its Annual Report! The second report (hereinafter referred to as ‘the report’) gives a summary of the number of cases disposed of, freshly instituted, and pending before the IPD. Praharsh had written about the first report published in April 2023. The second report seems more detailed, as it has information on various categories of IP cases […]

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Analysing the Riyadh Design Law Treaty in the Indian Context

/ By / Design

[This post is authored by SpicyIP intern Kartikeya Srivastava. Kartikeya is a second-year law student in the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. His previous posts can be accessed here.] It took nearly two decades of negotiation, but member states of

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Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh

/ By / Trademark

The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here, here, here, here, here, here, here, here and here). Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” By Eashan

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Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity

/ By / Trademark

[This post is co-authored by Samridhi Chugh and Manya Gupta. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. Her previous posts can be accessed here. Manya is a fourth-year student at the National Law University, Delhi. Note for the readers: The matter is listed for today before the Delhi High Court.] The Delhi HC seems to be on a spree,

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SpicyIP Weekly Review (November 18 – November 24)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Madras High Court’s order in Sakata Seed Corporation v. The Controller of Patents and Designs, India’s first AI Copyright litigation involving OpenAI, and the rejection of an RTI Application concerning IPRS’ compliance with the Copyright Act. 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

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Human Intervention vs. Essentially Biological Processes: The Patentability Debate in Sakata Seed Corporation Case

/ By / Patent

Breaking down the Madras High Court’s decision in Sakata Seed Corporation v. The Controller of Patents and Designs, Kartikeya Srivastava, discusses interpretation of biological processes under Section 3(j). Kartikeya is a second-year law student of the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health.  His previous

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A Closer Look at the Patent Stats from WIPO’s 2024 IP Indicator

/ By / Patent

Recently, WIPO published its 2024 IP Indicator, capturing the trends in the global IP filing and their administration. The 2024 Indicator focuses on the developments from 2023 and compares it with the figures from 2022. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime.  India Specific Figures More Applications and More Grants   The biggest highlight

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SpicyIP Tidbit: DPIIT Hits Pause on Public Notice concerning Music Playing at Weddings Amid Novex Case Appeal

/ By / Others

Namaskar. Remember the Goan circular concerning section 52(1)(za) of the Copyright Act, 1957, saying no permission is required to perform music at religious ceremonies, including weddings and its connected social events, which was later revoked? And many other stories of the provision we’ve commented on in the past? Well, we now have a “new” twist in this story …  The news is that DPIIT has issued a new notification that puts the previous 24th July 2023 Public Notice on hold

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ANI Media v. Open AI : The Opt-Out Strategy

/ By / Copyright

[This post is authored by Akshat Agrawal. Akshat is a practicing litigator working at Saikrishna and Associates. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. His previous posts can be found here. He adds the following disclaimer: After some discussion around an earlier draft and an admitted history of verbosity, I would also like to acknowledge the usage of Claude.ai for helping me re-frame the draft more succinctly and in a reader friendly

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Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

/ By / Copyright

In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. SpicyIP intern Kartikeya Srivastava analyses this decision from the lens of underlying public interest in the information sought and comments on the dilution of the RTI Act under the guise of privacy. Kartikeya is a second-year law student of the

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