SpicyIP Weekly Review (September 2-September 8)

/ By / Copyright, Drug Regulation, Patent, Trade Secret, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on DHC’s orders in a trade secrets matter, and in the Louis Vuitton- Haute24 copyright dispute, HP HC’s order emphasising the importance of pre-institution mediation, and missing public records at the DCGI’s office. 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 A Baffling Judgment […]

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Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights

/ By / Copyright

Discussing the impact of reviving and utilizing deceased persons’ voices through AI tools, and the sufficiency of the legal frameworks in India and other countries to address this phenomena, we are pleased to bring to you this guest post by Julia Anna Joseph and Snehal Khemka. Julia is an Associate at Cyril Amarchand Mangaldas, Bengaluru and Snehal is an Associate at Chadha and Chadha IP, Gurugram. Views expressed here are those of the authors’ alone. Voice Clones and Legal Tones:

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[Sponsored] PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage

/ By / Sponsored

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. For more details, read on below. PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage The new solution brings a generational leap in Design Search PatSeer announces the launch of its new Industrial Design Search solution, featuring cutting-edge AI-driven image search. Utilizing computer vision model trained on millions of design images, it raises the bar for image search

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Journey Through “Mays” on SpicyIP (2005 – Present) 

/ By / Others

As I conclude my summer vacation at home, it’s the perfect moment to bring the series I started over a year ago to its conclusion … Welcome to the climactic finale of our “Sifting Through SpicyIP Pages” series! Yes, it’s the 12th and final post, culminating this year-long time-travel-ish journey. I began the series with a sense of Sankofa—aiming to fetch what was left behind (if any) and see how we can take things forward. We aimed to explore SpicyIP’s

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Lessons on the RTI Act: Of Missing Records at the DCGI’s Office & Litigation Fatigue at the Delhi High Court

/ By / Drug Regulation

Capturing his years-long journey trying to trace important “missing” public documents, Prashant highlights the lack of transparency and shoddy record keeping by CDSCO and shares his exhausting experience with the resultant litigation before the DHC. This hard hitting post raises important questions as to how useful existing “transparency” and “accountability” mechanisms are. [Edit: We would highly recommend that readers read this 2011 post about Parliamentary Standing Committee’s Report on Drug Regulation for necessary context and background.] Prashant Reddy T is

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“No Whisper of Urgency”: HP HC Dismisses Infringement Suit for Not Complying with the Mandate on Pre-Institution Mediation 

/ By / Design, Patent

Recently, the Himachal Pradesh High Court underlined the importance of pre-institution mediation under the Commercial Court Act (CCA) by refusing to hear a patents and designs infringement suit due to plaintiff’s non compliance with the above mandatory requirement. Discussing this order and its wider significance, we are pleased to bring to you this post 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

“No Whisper of Urgency”: HP HC Dismisses Infringement Suit for Not Complying with the Mandate on Pre-Institution Mediation  Read More »

DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute

/ By / Copyright, Trademark

[This post is co-authored with Tejas Misra. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. His previous posts can be accessed here.] On 21st August 2024, the Delhi High Court in Louis Vuitton Malletier v. http://www.haute24.com & Ors. issued a significant order directing for a permanent injunction and INR 5,00,000 as damages to Louis Vuitton for the unauthorized use of the brand’s copyrighted photos

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Call for Submissions: NUALS’ IXth CIPR National Essay Writing Competition (Deadline September 30, 2024)

/ By / Opportunities

We are pleased to inform our readers that the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi is organizing an essay competition on the theme, “IP and SDGs: Building our common future with innovation and creativity”. The deadline for the submission of essays is September 30, 2024. For further details, please read their announcement below. NUALS’ IXth CIPR National Essay Writing Competition The Centre for Intellectual Property Rights, National University of Advanced Legal Studies is organizing the

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A Baffling Judgment from the Delhi High Court in a Trade Secrets Case

/ By / Trade Secret

Recently, the Delhi High Court (DHC) issued an interim injunction in a lawsuit concerning trade secrets and confidential information. In this context, Prashant Reddy T briefly touches upon the essential factors required to protect trade secrets in India and explains how the DHC’s order goes overboard by not only disregarding these factors but also granting vaguely worded and overly broad reliefs to the plaintiff. Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here).

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SLP Rejected in Novartis v. Natco: Are Interim Orders not Precedents?

/ By / Patent

[A big thanks to Praharsh for his inputs on the post.] On 02 August 2024, a three judges bench of the Supreme Court (“SC”), consisting of Justices Dr D Y Chandrachud, J B Pardiwala and Manoj Misra, in the matter of Novartis AG v. Natco Pharma Limited (pdf), dismissed the Special Leave Petition (SLP) over validity of Novartis’s Eltrombopag Olamine (EO) patent (Patent No. IN 233161 (IN 161)) on the grounds that the patent in question had expired by May

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