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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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The image features a meme inspired by a popular scene from Game of Thrones. It shows a character dressed in medieval-style attire holding a sword with the text: Top text: "BRACE YOURSELVES" Bottom text: "DILUTION IS COMING"

DHC goes the MHC way!: Diluting Business Method Exclusion u/s. 3(k)

/ By / Patent

In Comviva Technology v. Assistant Controller, the DHC was hearing an appeal against the rejection order of the Controller. The Controller held that the invention related to ‘business methods’ and ‘computer program per se’ u/s. 3(k)which was unpatentable. In this post, I argue that Comviva moves away from the DHC’s holding in OpenTV and adopts the approach of MHC in Priya Randolph while deciding the patentability of business methods. I also argue that the interpretation of 3(k) adopted by the Court in this case, prima facie, seems contrary to the legislative intent.

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Understanding IPO’s Rejection of UPL’s Patent Application for Mancozeb and Ortho Silicic Acid Combination in Light of the Patent Bargain and Sufficiency of Disclosure

/ By / Patent

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous posts can be

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DHC IPD Second Annual Report 2023-24: Key Takeaways!

/ By / Others

Image from here IP Court watchers will be pleased to know that the Delhi High Court’s IP Division has published the 2023-24 edition of its Annual Report! The second report (hereinafter referred to as ‘the report’) gives a summary of the number of cases disposed of, freshly instituted, and pending before the IPD. Praharsh had written about the first report published in April 2023. The second report seems more detailed, as it has information on various categories of IP cases

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Analysing the Riyadh Design Law Treaty in the Indian Context

/ By / Design

[This post is authored by SpicyIP intern Kartikeya Srivastava. Kartikeya is a second-year law student in the LL.B. course at NLSIU Bangalore. Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health. His previous posts can be accessed here.] It took nearly two decades of negotiation, but member states of

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Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh

/ By / Trademark

The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here, here, here, here, here, here, here, here and here). Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” By Eashan

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Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity

/ By / Trademark

[This post is co-authored by Samridhi Chugh and Manya Gupta. 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. Her previous posts can be accessed here. Manya is a fourth-year student at the National Law University, Delhi. Note for the readers: The matter is listed for today before the Delhi High Court.] The Delhi HC seems to be on a spree,

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SpicyIP Weekly Review (November 18 – November 24)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on Madras High Court’s order in Sakata Seed Corporation v. The Controller of Patents and Designs, India’s first AI Copyright litigation involving OpenAI, and the rejection of an RTI Application concerning IPRS’ compliance with the Copyright Act. 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

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