Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case

/ By / Others

“The judge is not a rustic who has chosen to play a game of Three Card Trick. He is not fair game. Nor is the truth.” quote from here In a significant order on February 23, 2024, the Delhi High Court, in  F- Hoffmann -La Roche Ag & Anr V. Zydus Lifesciences Limited, presided over by Justice Sanjeev Narula, (among other things) issued crucial directives to both parties regarding the appointment of independent scientific experts. This high-profile case revolves around […]

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A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement

/ By / Trademark

On 26 February 2024, the Delhi High Court (DHC) in Western Digital Technologies Inc & Anr vs Geonix International Private Limited, granted an ex-parte ad interim injunction to the plaintiff on the basis of trademark infringement and reverse passing off. In the extant suit, the plaintiff, Western Digital Technologies Inc. (WD), a well-known manufacturer of storage devices,  claimed that the defendant, Geonix International Private Limited, was refurbishing and rebranding “WD” hard disks as “Geonix” hard disks, presenting reports from their

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SpicyIP Tidbit: The Competition Act v. The Patent Act: Catch 22

/ By / Competition Law, Patent

The Supreme Court last week issued notice on a special leave petition filed by the Competition Commission of India(CCI) against the Delhi High Court’s decision in Telefonaktiebolaget LM Ericsson (PUBL) v. Competition Commission of India and Anr. The main question before the SC is whether the provisions of Patent Act would prevail over the Competition Act in cases alleging anti competitive behaviour or abuse of dominant position.  Background In that judgement, discussed by Praharsh here, the primary question was whether an agreement relating to protection of

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SpicyIP Weekly Review (February 26- March 3)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments. Last week we published 6 posts including a post on the PAC Chairperson’s demand for a probe by CVC into the allegations of corruption against CGPDTM, and also introduced the inaugural SpicyIP Doctoral Fellow. This and a lot more in this SpicyIP Weekly Review. Anything we are missing out on? Please let us know in the comments below. Highlights of the Week PAC Chairperson Demands Probe by Chief Vigilance Commission Into

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PAC Chairperson Demands Probe by Chief Vigilance Commission Into Corruption Allegations Against CGPDTM!

/ By / Geographical Indication, Patent, Trademark

“Out of the frying pan, into the fire” seems to sum up the current predicament of the Office of the Controller General of Patent, Designs and Trade Mark (CGPDTM). Only a few weeks after somehow organizing the Patent and Design Examiners’ Exams, and fixing the long-standing issue with the trademark registry website, the office has ended up in another turmoil. As reported by the Print, the Press Trust of India, and tweeted by the ANI, Member of Parliament and Chairperson

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Navigating Denied Filings: Trademark Justice at the Crossroads of the Commercial Courts Act

/ By / Trademark

[This post is authored by SpicyIP intern 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.] While the Trademark Act provides for proprietors to protect their trademarks using evidence of prior use, goodwill etc which requires documentation dating back to the early days of the business, the Commercial Courts Act 2015 provides for strict deadlines

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Journey Through “Januarys” on SpicyIP (2005 – Present)

/ By / Others

Welcome back to the “Sifting Through SpicyIP Pages” series! This time, I have journeyed through the pages “Januarys” on SpicyIP since 2005 and got you some stories that, I think, have kept us occupied over the years. It’s the 8th post of this monthly series. We have already traversed through Junes, Julys, Augusts, Septembers, Octobers, Novembers, Decembers, and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc.

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Announcing the Inaugural SpicyIP Doctoral Fellow!

/ By / Others

Our readers would have noticed that since November 2023, we have been publishing hard hitting, incisive posts by our fantastic two new SpicyIP Student Fellows Yogesh Byadwal and Tejaswini Kaushal. Yogesh is a second year student from the National Law School of India University, Bengaluru and Tejaswini is a third year student from Dr. Ram Manohar Lohiya National Law University, Lucknow. Yogesh and Tejaswini were among our most diligent interns and subsequently joined the team as a part of the

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Arthrogen v. Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act

/ By / Innovation, Patent

On 5th Feb, a  Single Bench (SB) of the Delhi High Court (DHC) overturned a previous order by the Controller General of Patents that had classified the “method of producing ‘protein enriched blood serum’” as a method of treatment under Section 3(i) in The Patents Act, 1970. This decision was made in the case of Arthrogen Gmbh vs Controller General Of Patents. The SB determined that the controller had erroneously equated the method of producing a novel substance with a

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SpicyIP Weekly Review (February 19- February 25)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments. Last week we published 3 posts on the MHC’s interpretation of Section 3(d) in the Novozymes case, DHC’s referral of 3 questions concerning the jurisdiction of High Courts in trademark rectification matters, and DHC’s decision on infringement of product by process claims. Anything we are missing out on? Let us know by dropping a comment below. Highlights of the Week ‘Non’-Pharmaceutical Substance and Efficacy under Sec 3(d) Can Section 3(d) be

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