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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‘Adding’ to the Jurisprudence: Assistant Controller’s Analyses on the Ayyangar Committee’s Reservations to the Swan Committee for Patent of Addition

/ By / Patent

It is rather tragic that very few Controllers in India write sufficiently detailed and reasoned decisions, and the position is even dismal when one hopes to come across well-analysed jurisprudential orders for patent grants/rejections. To narrow this down further in scope, let’s take ‘patents of addition.’ By themselves, these have not attracted much limelight. The last major highlight that I can recall was regarding the applicability of Section 39 on patents of addition in the Selfdot case (covered nicely by

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SpicyIP Weekly Review (September 30-October 6)

/ By / Copyright, Drug Regulation, Innovation, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the Lenacapavir patent application and oppositions, ANRF and corporatisation of research, the copyright dispute between Jasleen Royal and T Series, and DHC’s recent order in Master Arnesh Shaw v. Union of India 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 Patent Application for

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A Followup on Lenacapavir: Gilead enters into Voluntary Licensing Agreements in 120 LMICs

/ By / Drug Regulation, Patent

Just a day after our update on the Lenacapavir patent oppositions (here), Gilead has signed “Royalty-Free Voluntary Licensing Agreements” (VLAs) (pdf) with generic manufacturers aimed at boosting HIV prevention in “high-incidence, resource-limited countries.” The focus is squarely on low- and middle-income countries (LMICs), as highlighted in Gilead’s official reports (here) and various media outlets (here). This strategic move reflects Gilead’s commitment to expanding access to vital treatments where they’re needed most, and this post will fact-check the coverage of these

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