Another IPD Incoming: Himachal Pradesh HC Notifies IPR Division Rules

/ By / Copyright, Design, Patent, Plant Variety Protection, Trademark

[This post is authored by Md. Sabeeh Ahmad. His previous posts can be accessed here.] The Himachal Pradesh High Court seems to be the latest addition to the list of Courts with a separate IPR Division, as it has notified its Intellectual Property Rights Division Rules, 2022. Turns out that the Rules have been out for a while now and were notified on July 8, 2024. This makes HP High Court 4th after Delhi High Court, Madras High Court, and Calcutta […]

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Patenting at the Frontiers, Algorithms and Section 3(k)

/ By / Patent

Continuing the discussion on the Blackberry cases (here and here) after Yogesh’s post, Bharathwaj Ramakrishnan writes on the Court’s new test for inventions incorporating algorithms and explores whether there is a distinction between computer programmes and algorithms. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP. His previous post can be accessed here. Patenting at the Frontiers, Algorithms and Section 3(k) By Bharathwaj Ramakrishnan Recently, a post covered the two Blackberry cases that dealt

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Revaluating the Sweeping Brushstrokes of Protection for Black-and-White Trademarks in India 

/ By / Trademark

[This post is authored by SpicyIP Intern Samridhi Chugh. 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. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy. Her previous posts can be accessed here.] In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage

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Making Tall Claims: Amendments u/s. 59

/ By / Patent

In JFC Steel Corporation v. The Controller of Patents, the appellant was challenging the Controller’s decision to refuse the patent application (279/DEL/2015) for lack of inventive step u/s. 2(1)(ja). The patent application related to a “method of activating a continuous annealing furnace for continuously annealing steel sheets”, thereby shortening the time period taken to stabilize the dew point of the in-furnace atmosphere.  Among other objections raised, the Controller argued that the claims submitted by the appellant were “broad” which were not substantiated by the

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SpicyIP Weekly Review (October 7-October 13) 

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. 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 Whither Indian IP Academics’ Engagement with the Judiciary?: Some

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Whither Indian IP Academics’ Engagement with the Judiciary?: Some Thoughts for Discussion – Part II

/ By / Others

In Part I, we looked at the legal mechanism around IP professors’ engagement with the judiciary. This post furthers the discussion by broaching a few questions/ideas for engagement. Two Hypotheses and Many Questions  I get two points or hypotheses from the Part-I discussion: the Indian legal system doesn’t see, or at least doesn’t leave much space for (IP) law professors as influential drivers of socio-legal change, unlike advocates, leaving little room for them to make substantial contributions outside the classroom.

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Whither Indian IP Academics’ Engagement with the Judiciary?: Some Thoughts for Discussion – Part I

/ By / Others

Recently, Praharsh revived a discussion about the not-very-active state of IP academic interventions in India while sharing the news of the appointment of Prof. Arul Scaria by the Delhi High Court as an “expert” in a copyright case. Prashant raised similar questions a few years ago when Prof. Basheer was appointed, as an “academic intervenor” in the Novartis case. Swaraj, during our conversations about Indian IP thinking and IP academia, has also made similar points several times as to —why

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Does Latching on amount to Passing off?- Still searching for answers

/ By / Trademark

In Modern Molds v. Flipkart, the Delhi High Court was deciding a passing-off suit. The Plaintiff claimed that Flipkart allowed other sellers to ‘latch on’ to the Plaintiff’s listings on the e-commerce website. What does latching on mean? This video by Flipkart on YouTube provides a quick explainer. Latching on allows a seller, who is, let’s say selling garments, to see which is the best-selling product in that category. After that, the seller can ‘latch’ to the listing of the product as

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New Roster Out: Welcome Calcutta HC Intellectual Property Rights Division

/ By / Copyright, Design, Patent, Plant Variety Protection, Trade Secret, Trademark

[This post is authored by Md. Sabeeh Ahmad. Sabeeh is an Advocate and is a law graduate from AMU, Aligarh. His previous posts can be accessed here.] The Calcutta High Court has on October 8, 2024, notified the new roster of judges. Most noticeably and for the interest of our readers, the Cal HC has also notified the roster for the newly formed Intellectual Property Rights Appellate Division and Intellectual Property Rights Division with effect from November 4, 2024. Readers will

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Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws?

/ By / Copyright

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? By Tanishka Goswami Providing advantages

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