“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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SpicyIP Weekly Review (August 26-September 1)

/ By / Copyright, Patent, Trade Secret, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on DPIIT’s decision to take over the IT division of CGPDTM, BHC at Goa’s decision to scrap the Goa govt.’s circular on Section 52(1)(za), MHC’s clarification on whether a counterclaim can be filed against a trademark rectification petition, and DHC interim injunction order against infringement of the IP rights of the makers of “Taarak Mehta ka Ooltah Chashmah” sitcom. This and a lot more in

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SpicyIP Tidbit: CGPDTM in Spotlight- DPIIT Head takes over CGPDTM IT Division

/ By / Patent, Trademark

DPIIT, in a notification dated 27th August 2024, appointed Subhash Chandra Karol, Director of the DPIIT, as the Head of the IT office of the CGPDTM. It is not clear what has triggered this change. However,  the notification comes close on the heels of a writ petition filed by the AIPOWA in the Delhi High Court (here), which alleges “arbitrary reallocation, withdrawal, and abandonment of patent applications and review petitions” by the Information Technology (IT) Division of the CGPDTM. The writ highlights instances where

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Trademark Rectification And Counterclaims: MadHC’s Views on the Interaction of Sections 47, 57 and 124

/ By / Trademark

On August 20, 2024, a single-judge bench of the IP Division of the Madras High Court (MadHC) issued an Order (pdf) with notable observations about the feasibility of allowing a counterclaim in a trademark rectification petition filed under Sections 47 (cancellation of trademark on the grounds of non-use) and 57 (rectification of trademark) of the Trademark Act, 1999 (“TM Act”). The case involved the trademark “Solidare” (Trademark No. 1574746 in Class 9). In this post,  I’ll examine the precedential value

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Not Examined the Inventive Step Enough? Madras HC Remands Patent Application Back to IPO for Reconsideration

/ By / Patent

Recently the MHC remanded a matter back to the Controller for re-consideration on whether the cited prior art would render the invention obvious in light of the explanation in the specification. Interestingly, the impugned order by the Controller has already held the invention to be obvious based on the claims filed by the applicant. Discussing this paradox, we are pleased to bring to you this guest post by Md. Sabeeh Ahmad. Sabeeh has previously interned with us and is a

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Goa Circular on the Unauthorized Use of Sound Recordings During Weddings Hits a Wrong Note!

/ By / Copyright

Recently on August 13, the Bombay High Court at Goa scrapped the Goa Government’s circular on unauthorised use of sound recordings during weddings. Discussing the order and this long running controversy around use of sound recordings during wedding festivities in India, we are pleased to bring to our readers this guest post by our former blogger Gaurangi Kapoor. Gaurangi is currently an Academic Associate at IIM Ahmedabad. She is interested in copyright and artificial intelligence predominantly with reading law from

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