An image of a packet containing Cipla's Duolin Repsule

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off Kedar Ganesh Dhargalkar In the recent case of Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd., the ever-evolving path of trademark jurisprudence witnessed a modernistic turn, which put its discourse on an intriguing juristic boulevard. This…

SpicyIP Weekly Review (August 16 – 22)

by Namratha Murugeshan August 23, 2021

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PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes In a guest post, Satchit Bhogle covered the issue of infringement of personality rights. Writing this post in the context of PV Sindhu’s success at the Tokyo Olympics and how that has spurred companies who do not sponsor her to put up congratulatory messages on social media with their brand logos and while using her images, Satchit analyses the discourse on the right to publicity surrounding the issue….

Opportunities

Call for Applications: Research Assistants – IPR Chair at NALSAR, Hyderabad [Apply by August 25]

by SpicyIP August 22, 2021

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We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021. For further details, please see the announcement below: Advertisement for Recruitment for Research Assistants – IPR Chair NALSAR University of Law, Hyderabad invites applications for the following contractual positions: Research Assistants for IPR Chair Project – 2 Nos. QUALIFICATIONS REQUIRED: 1) Ph.D holder or PhD Scholar working in the…

Privacy

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes

by SpicyIP August 16, 2021

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We’re pleased to bring to you a guest post by Satchit Bhogle. Satchit is a Counsel at the Bombay High Court. He graduated from NUJS, Kolkata in 2016 and completed his LL.M. from Duke University in 2019. PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes Satchit Bhogle Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out…

SpicyIP Weekly Review (August 9 – 15)

by Anupriya Dhonchak August 15, 2021

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Topical Highlight Ensuring Access to TB drugs: Is Compulsory License the Way? In this post, Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs. They discuss the facts and figures surrounding multidrug-resistant tuberculosis in India as well as…

Patent

FMC Receives Injunction for Chlorantraniliprole: Coverage-Disclosure, Anticipation, and Issues That Remained Unaddressed

by Nikhil Purohit August 15, 2021

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The Delhi High Court in a judgment last month allowed FMC Corporation’s (‘FMC’) interim injunction application against Natco Pharma Ltd (‘Natco’) and Best Crop Science LLP (‘Best Crop’). The injunction was sought with respect to FMC’s patents relating to Chlorantraniliprole (‘CTPR’), a product used for making insecticides. This injunction plea came about as the defendant sought to launch a CTPR product which according to FMC would infringe its patents. It is one of the most significant patent disputes to have…

Patent

Ensuring Access to TB drugs: Is Compulsory License the Way?

by Praharsh Gour August 13, 2021

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This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). He has also blogged for us in the past and was the SpicyIP Fellow for 2016. Readers can access posts by Rahul here. [Note: Long post ahead] Ensuring Access to TB drugs: Is…

Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

by Varsha Jhavar August 10, 2021

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Appreciating the growing importance of AI in various fields as well as its economic impact, the Parliamentary Standing Committee Report (hereinafter the Report) recommended the ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. (Pg 38) The Report relying on a research report by Accenture stated that AI related innovations might add USD 957 billion to the Indian economy by 2035. The Report does propose a bigger picture, but fails short of…

SpicyIP Weekly Review (August 2 – 8)

by Adyasha Samal August 9, 2021

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Madras HC on the Right to be Forgotten: A Welcome Development? In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted of allegations relating to offences under Section 417 (Cheating) and Section 376 (Rape) of the IPC. He claimed that he is entitled to redaction of his name from the judgment given that he…

Opportunities Others Publication

Call for Abstracts: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31]

by SpicyIP August 7, 2021

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We’re pleased to inform you that the National Law Institute University (NLIU), Bhopal has recently established the International Trade Law Journal and is inviting abstracts for papers for the inaugural issue of the same. For further details, please read the post below. Call for Papers: NLIU International Trade Law Journal Inaugural Edition [Submit by August 31] About the Journal The NLIU International Trade Law Journal, a peer-reviewed annual publication of the National Law Institute University, Bhopal, is calling for submissions…

Deepveer { Apart from the fact that the SC has now left everything open, the comment here is thoroughly off-base. In fact, the DB was wrong on two critical counts:... }
Ajay { Delhi HC needs to relook at confidentiality club rules as it is getting misused. A law firm abused this to harrass a whistleblower. Details are at https://nishithdesaiassociates.wordpress.com/2021/08/04/anuradha-v-bajrangi/ }
Anon { Hi, you say that "the Court affirmed that advertisements triggered by third-party trademarks will lead to confusion regarding the origin of the goods and services advertised." Are you... }
Sandip Bose { Very helpful review. Thanks for sharing. }
Asif Iqbal { "qualitatively not substantial to the original work". Isn't this argument conflicting with the position taken in this article?. Highlights are the key moments in a game. }