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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

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

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SpicyIP Weekly Review (November 25 – December 1)

/ By / Copyright, Design, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. 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 Week SpicyIP Tidbit: Patent Office

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SpicyIP Tidbit: Patent Office Rejects Dolutegravir Application, Paving Way for Affordable HIV Drugs

/ By / Patent

[This post is authored by Yukta Chordia. Yukta is a 4th year BA LLB (Hons.) student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. Her previous post can be accessed here.] The Controller of Patents, Kolkata, on 3rd October, 2024, rejected the patent application for an HIV drug- Dolutegravir by VIIV Healthcare and Shionogi & Co. Ltd. This decision, coming after nearly a decade of

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Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 11)

/ By / Event, Patent

Patent enthusiasts will be excited to know that a comprehensive commentary on Patent Law, authored by Adarsh Ramanujan (incidentally, a former blogger with SpicyIP), is set to be released on December 4, 2024 December 11! [Note: We have an update from the Author- In view of the elevation of Chief Justice Manmohan to the Supreme Court, this event is being rescheduled to December 11. Keep an eye on the post for the updated dates!] Adarsh is an Advocate and a

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