Patent

Proof of Right for Filing a Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case


We’re pleased to bring to you a guest post by Idhika Agarwal, analysing the decision issued by the Intellectual Property Appellate Board (IPAB) in DOW Agrosciences LLC v. Controller of Patents in October last year pertaining to proof of right for filing a patent application. Idhika is a 3rd year BBA LLB Hons. student at Symbiosis Law School, Pune. Proof of Right for Filing Patent Application: Analysing IPAB’s Decision in DOW Agrosciences Case Idhika Agarwal Patent Cooperation Treaty (1970) facilitates…


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Trademark

Supreme Court Dismisses a Transfer Petition Filed In a Trademark Dispute


This post discusses the Supreme Court’s recent decision in Rajkumar Sabu v. M/S Sabu Trade Private Limited. Background The petitioner, claiming to be the owner of the mark ‘SACHAMOTI’, filed a suit against the respondent before the Delhi High Court in 2016 alleging infringement and passing off by the respondent. The respondent filed a private complaint in 2016 against the petitioner before the Judicial Magistrate No. IV, Salem under Section 420 of the Indian Penal Code (Cheating and dishonestly inducing…


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COVID-19 Innovation Patent Trade Secret

Special 301 Report 2021: Trade Secrets, Patents and Technology Transfer


[This post has been co-authored with Nikhil Purohit.] Recently, the Annual Special 301 Report on IP Protection (the ‘Report’) was released by the Office of the United States Trade Representative. In our earlier posts, we have discussed the US’s relaxed stance on compulsory licensing (here) and the India-specific copyright and enforcement related issues (here) as discussed in the Report. In continuation of the same, in this post, we shall analyse the discussion of three other key aspects in the Report: India-specific…


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Copyright COVID-19 Drug Regulation Innovation Patent Privacy Trademark

SpicyIP Weekly Review (May 10 – 16)


Topical Highlight Earning Royalties off Covaxin While Demanding IP Waiver at the WTO: Saviour on the Streets, Hypocrite in the Sheets In this post, I focus on the differential pricing of vaccines for Central and State Governments. I analyse the affidavit filed by the Central Government in the case titled, ‘In Re: Distribution of Essential Supplies and Services During Pandemic’. I highlight that currently, Serum Institute of India and Bharat Biotech are selling doses of Covishield and Covaxin to private…


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Privacy

Walking the Tightrope of the Right to be Forgotten: Analysing the Delhi HC’s Recent Order


We’re pleased to bring to you a guest post by Sriya Sridhar, analysing an interim order recently issued by the Delhi High Court discussing the right to be forgotten and directing Google to remove a judgement on the petitioner’s acquittal from their search results and Indian Kanoon to block the judgment from being accessed by search engines. Sriya graduated from Jindal Global Law School in 2020, and is now a lawyer specialising in IP and Technology law. Walking the Tightrope…


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Opportunities

Announcing the 2nd Shamnad Basheer Essay Competition on Intellectual Property Law


On the occasion of our founder Prof. (Dr.) Shamnad Basheer’s 45th birth anniversary today, we at SpicyIP are proud to announce the second edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. We’d started this competition last year to celebrate his memory and his legacy of outstanding scholarship. The response to the competition was overwhelming – we received a total of 89 entries from law students across India on an impressive range of topics. The competition was judged…


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COVID-19 Data Exclusivity Patent Trade Secret

Compulsion for Compulsory Licenses for Covid Vaccines Climbs: But Are They the Cure?


On 11th May, it was reported that Kerala High Court has sought a response from the Central government on a PIL seeking direction to the government to invoke the compulsory license (CL) provisions for the COVID-19 vaccines. In the PIL, the Petitioner (Adv. Gopakumar GV) argues that in the present crisis resorting to CL will assist the nation to ramp up the quantity of vaccine output and thus overcome its scarcity. As reported before, the government is already facing a…


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Patent

India’s First Anti-Anti-Suit Injunction (A2SI) Order: A Missed Opportunity (Part II)


We’re pleased to bring to you a two-part guest post by our former blogger Rajiv Choudhry, discussing the recent Delhi High Court order granting an anti-anti-suit injunction in favour of InterDigital. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also a founder member of the Fair…


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Patent

India’s First Anti-Anti-Suit Injunction (A2SI) Order: A Missed Opportunity (Part I)


We’re pleased to bring to you a guest post by our former blogger Rajiv Choudhry, discussing the recent Delhi High Court order granting an anti-anti-suit injunction in favour of InterDigital in a SEP patent infringement dispute with Xiaomi. Rajiv is a practicing advocate based in New Delhi. He specialises in IP law, with a focus on high – technology and patent law and advises/represents clients on SEP/FRAND and other issues related or unrelated to those discussed in the post. He’s also…


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Copyright Overlaps in IP Trademark

Special 301 Report 2021: Copyrights, Enforcement, and the Same Old Complaints


The Office of the United States Trade Representative (‘USTR’) recently released its Annual Special 301 Report on Intellectual Property Protection (‘Report’). To borrow Swaraj’s description of an earlier Report, the Special 301 Report “is a unilateral measure taken by the USTR which essentially ranks countries according to how much the US appreciates their IP regimes, and this is used as a kind of [political] ‘shaming’ mechanism to coerce countries into ‘strengthening’ their IP regimes to match the TRIPS-plus standards that…


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