Patent

GoI Approves Patent Prosecution Highway Program


Government of India approved the proposal for Bilateral Patent Prosecution Highway (PPH) Programme between Indian Patent Office under Controller General of Patents, Design and Trade Marktis (CGPDTM), Government of India and Patent Offices of other interested countries/regions. The maiden initiative is with Japanese Patent Office (JPO). It will be run on a pilot basis for a period of three years. What is a Patent Prosecution Highway Programme? The word “prosecution” is not to be understood as in Criminal Law. Broadly…


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Others

Supreme Court Strikes Down Tribunal Rules: Trade Marks Act to Govern IPAB Appointments Again till New Rules are Framed


[This post has been co-authored with Pankhuri Agarwal] Earlier this month, the Supreme Court in Rojer Mathew v. South Indian Bank Ltd. & Ors., struck down the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017 (‘Rules’) framed under Section 184 of the Finance Act, 2017 (‘Act’) on the grounds that they impinge on judicial independence and are contrary to the guidelines laid down in cases like RK Jain and Madras Bar…


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Others

Justice Endlaw’s Lessons on Legal Drafting


Earlier this year, Justice Rajiv Sahai Endlaw made a concluding remark on the “non-essential verbosity” of a plaintiff in a civil dispute [Nikita Gupta v. Alok Gupta (May 21, 2019)]. He observed that the plaint filed therein was a classic textbook case of how not to draft a plaint, which he felt should have been taught in law schools. Justice Endlaw has raised similar concerns in the past even in IP cases. In Vifor (International) v. Suven Life Sciences Ltd.,…


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Patent

Transborder Prosecution History Estoppel in Patent Litigation?


We’re pleased to bring to you an insightful guest post by Abhilasha Nautiyal. Abhilasha is an attorney at Ira Law, a firm that she co-founded with other colleagues. Prior to this, she was a partner at an IP law firm. Abhilasha graduated from the Army Institute of Law and then pursued a master’s in law from Harvard Law School. Her detailed bio can be found here. Abhilasha has co-authored a guest post for us in the past as well. Transborder…


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Patent

Delhi HC Division Bench Restores Sanctity of Three-Pronged Test for Interim Injunctions; Sets Aside Two Interim Injunction Orders against Natco


[This post has been co-authored with Bhavik Shukla, a 5th year student at NLIU, Bhopal] In a very welcome and significant development, on July 11 this year, a Division Bench of the Delhi High Court set aside two interim injunction orders granted by a Single Judge against Natco, for having been passed without the Court forming an opinion on the three elements of the well-settled test for interim injunctions i.e. prima facie case, balance of convenience and irreparable harm. The…


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Others

SpicyIP Fortnightly Review (November 4 – 17)


Adarsh had previously written two posts on the various misunderstandings surrounding the Plant Varieties Act (“PPV Act“). He had focussed on the Public Notice 01/2019 (“Notice“) published in May 2019, and had pointed out that the Notice was ultra vires. In his third post, he points out that the Notice states that only single cross hybrids could be registered. In his post, he explains how the PPV Act and UPOV allow for registration of registration of multi-parent hybrids too. Divij wrote a…


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Others

Trade Secret Case Law: Steer Engineering Pvt. Ltd. v. Glaxosmithkline Consumer & Ors.


This is a case on trade secret / confidential information. The Indian jurisprudence on trade secret law is still at a nascent stage. While discussing this case, I am limiting the scope to the issue of protection of trade secret / confidential information only. Facts This is a commercial appeal filed under Section 13 (1A) of the Commercial Courts Act read with relevant provisions of CPC. The Appellant had earlier unsuccessfully pleaded for an interim injunction at the Court of…


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Events

SpicyIP Events: Workshop on Access to Medicines, TRIPS and Patents in the Developing World [Dec 17-21; Mumbai]


We’re pleased to inform you that The Third World Network (TWN), Tata Institute of Social Sciences (TISS) Mumbai and Jan Swasthya Abhiyan are organising a workshop on Access to Medicines, TRIPS and Patents in the Developing World from December 17-21, 2019, at TISS Mumbai. The deadline for applications is November 25, 2019. For further details, please see the announcement below: Workshop on Access to Medicines, TRIPS and Patents in the Developing World Jan Swasthya Abhiyan, Third World Network (TWN) and Tata…


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Others

Bombay High Court Orders ‘Urgent’ Ex-Parte Ad-Interim Applications in IP Matters to be Held in Chambers (Now Revoked)


As per a notice dated November 6, 2019, the Bombay High Court had directed that all urgent mentioning for ex-parte ad-interim applications in IP matters will be held in the chambers of the judge, from November 7, 2019. As per the notice, the matters allowed to be circulated after the in chamber hearing, will be placed on the ‘production list’, which will be heart at 11:00 am on the assigned date. This procedure had been adopted on the directions of…


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Others Plant Variety Protection

PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia 


We’re pleased to bring to your notice two PhD scholarship opportunities for the Australian Research Council funded project on ‘Food security and the governance of local knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia. The deadline for applications is November 30, 2019. For further details, please see the announcement below: PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia  The aim…


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