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Product Patents and Process Patents: Analysing the MHC’s Insights in the cases of Kyorin and Frito-Lay

/ By / Patent

On July 5, 2024, Justice P.B. Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. These judgements emphasised the distinction between product and process for the patents and critically examined the validity of the prior art cited by the Controller as grounds for rejecting the applications. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application  The first one is Kyorin Pharmaceutical Co […]

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John Doe Order Issued Against “Taarak Mehta” Infringers: Revisiting the Rights Vested in Fictional Characters

/ By / Copyright, Trademark

Who truly owns the attributes of fictional characters? the DHC interim injunction in favor of makers of the Indian sitcom “Taarak Mehta ka Ooltah Chashma” makes a strong case for the makers of the show. SpicyIP intern Samridhi discusses this order below. 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

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SpicyIP Weekly Review (August 19-August 25)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on SC collegium’s recommendation of three advocates for appointment as DHC judges, recent cases of IP trolling and the urgent need for awareness on legitimate usage, MHC’s order on Section 3(p) and much more. Anything we are missing out on? Drop a comment below to let us know.  Highlights of the Week From Bar to Bench: Three Advocates Recommended for the Delhi High Court, with

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Traditional Knowledge in Patents: Need for Clarity and Interpretation

/ By / Patent, Traditional Knowledge

Looking at Traditional Knowledge and Patents: The MHC recently upheld the Controller’s rejection of a patent application for being based on Panchagavya, a form of Traditional Knowledge. In this post, Vishno Sudheendra and Kevin Preji use this order to look into the scope of Section 3(p) with regard to non-medicinal inventions, and with an emphasis on the phrase “in effect traditional knowledge”. Vishno and Kevin are third year law students at the NLSIU, Bangalore. Their previous posts can be accessed

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Rising IP Trolling: Urgent Need for Awareness on Legitimate Usage

/ By / Copyright, Trademark

[This post is authored by SpicyIP intern Aditi Bansal. Aditi is a fourth year law student studying at OP Jindal Global University. She is incredibly passionate towards IP laws and its workings. Her previous post can be accessed here.] Recently different law firms like Shardul Amarchand Mangaldas, Lall & Sethi and K&S Partners have released statements raising an alarm about impersonating scamsters duping people for money. As reported (here, here, here and here) these scammers through fake email ids, whatsapp

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From Bar to Bench: Three Advocates Recommended for the Delhi High Court, with Specific Mention of the IPD in the Collegium Resolution

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

On August 21, 2024, names of Mr. Ajay Digpaul, Mr. Harish Vaidyanathan Shankar, and Ms. Shwetasree Majumder were recommended for appointment as Judges of the Delhi High Court by the Supreme Court Collegium. The names were recommended to the SC Collegium by the Chief Justice of the Delhi High Court in consultation with the two senior most judges of the High Court on October 25, 2023. In the detailed 4 page long collegium resolution, the SC Collegium finds the above

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Logos of Online Music Streaming Companies

SpicyIP Tidbit: Doing What the Court Says- DPIIT withdraws notification extending 31D to Online Streaming

/ By / Copyright

The Department for Promotion of Industry and Internal Trade (DPIIT) yesterday i.e. 21st August 2024 issued an Office Memorandum (OM), notifying the withdrawal of OM dated 5th September 2016, which extended the scope of Section 31D of the Copyright Act to Internet Transmissions. Although I could not find the withdrawn OM, it has been discussed by Rahul Bajaj on the blog here. To put it short, Section 31D, inserted after the 2012 amendment, creates a statutory licensing regime which allows a Broadcaster to communicate a literary or musical

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Call for Papers: Trends in Intellectual Property Research Vol. II, Issue II [Submit by November 30, 2024]

/ By / Opportunities

We’re pleased to announce that Trends in Intellectual Property Research (TIPR) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume II, Issue II). The last date for submissions is November 30, 2024. For further details, please read the journal’s call for papers below: Call for Papers: Trends in Intellectual Property Research [Vol. II, Issue II] The Board of Editors of the Trends in Intellectual Property Research [TIPR], published under the aegis of Innovative Insights (ISSN Number 3007-8539;DOI Prefix: 10.69971 ) is pleased to invite original,

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Hands raised asking for comments

SpicyIP Tidbit: Trade Marks (Holding Inquiry and Appeal) Rules, 2024 Notified

/ By / Trademark

The Ministry of Commerce and Industry notified the Trade marks (Holding Inquiry and Appeal) Rules, 2024 on 16th August 2024. Earlier, Rishabh, Praharsh and Swaraj had submitted comments on the Draft Rules, ( notified on 1st July 2024), and these comments can be found here. The notified Rules do not seem to deviate from the Draft Rules in any significant manner. In fact, the only difference I could find between the two was the substitution of the words ‘as he thinks fit’ under Draft Rule

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SpicyIP tidbit: Reports Suggest that Centre is Pulling Back the Contentious Broadcasting Bill

/ By / Others

As reported by Rishi Raj for the Financial Express on August 19, the Information and Broadcasting Ministry has decided to withdraw the contentious Broadcasting Services (Regulation) Bill. Though it has been reported that the Bill is being withdrawn because the government feels that existing laws are sufficient to address any issues that may arise, the Bill was extensively criticised for muffling free speech in the country and imposing excessive checks on online content creators and social media influencers. Though I

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