10 Days to the 2024 Shamnad Basheer Essay Competition Deadline! 

/ By / Copyright, Geographical Indication, Opportunities, Patent, Plant Variety Protection, Trademark, Traditional Knowledge

We hope that our eligible readers are busy with their submissions as only 10 days remain till the deadline for the 2024 Shamnad Basheer Essay Competition. [Edit: The deadline has now been extended to 28th July, 2024 (11:59 pm IST)]. We have started receiving some fascinating entries and cannot wait to read more pieces! Remember the topic of the essay can be anything related to intellectual property rights – the more creative the better. We encourage participants to take inspiration […]

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Before the Breakthrough: Does Prior Art Include Wrongfully Published Applications?

/ By / Patent

The Conundrum In an interesting order, the Madras High Court, in the case of Dr. Vandana Parvez vs The Controller of Patents, dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application!  A brief into the facts of the case: This is an appeal for challenging the rejection of a patent application for an invention titled “Method and System for Providing Effective Generation and Delivery

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CGPDTM Announces Dates for 2025 Trademark and Patent Agent Exams

/ By / Patent, Trademark

The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The Trademark Agent Exam is likely to be held on  January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025. Both the exams will be organized in 13 locations (one less than the number of locations for 2024 exams.) This time the exams will be organized in Ahmedabad, Bangalore, Bhopal,

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SpicyIP Weekly Review (June 24- June 30)

/ By / Copyright, COVID-19, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on omission of ICMR’s name in the Covaxin patent applications, decision of Chief Commissioner for Persons with Disabilities in Avichal Bhatnagar v. Pralek Prakashan, settlement between Tips and Wynk in their copyright dispute and Karnataka High Court’s notification for the establishment of the IPD. This and much more in last week’s SpicyIP weekly review. Anything we are missing out on? Drop a comment below to

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Dabur v. Dhruv Rathee: A Closure or Gateway for the Future? 

/ By / Copyright, Trademark

In light of the recent settlement between Youtuber Dhruv Rathee and Dabur in a trademark and copyright infringement dispute, SpicyIP intern Aarav Gupta writes on how use of a mark in commentaries and critiques should not amount to infringement and highlights the larger public interest in such commentaries/ critiques. Aarav is a fourth-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading and watching sports. His

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Bevacizumab and Trastuzumab Biosimilars Case Continues, With No End in Sight  

/ By / Patent

The Indian pharmaceutical landscape has seen the emergence of biosimilars like Bevacizumab and Trastuzumab (used as first-line treatment of advanced HER2-positive gastric cancer) commanding a market worth around 640 crores. In this (delayed yet relevant) post, we will discuss the bizarre ongoing Trastuzumab and Bevacizumab litigation before the DHC, focussing on the September 11, 2023 joint judgement passed in two connected cases (Roche versus DCGI, and versus Cadila, respectively). It is bizarre because Roche is exerting rights with respect to

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What’s in a Missing Name? Some Questions Around the Covaxin Patent Application

/ By / Patent

[A big thanks to Swaraj for his inputs on the post.] The Exclusion of ICMR from the Patent Application Last weekend, a series of unusual developments regarding the Covaxin patent (Patent Application Number: 202041007559) generated significant buzz. Notably, in The Hindu, Jacob Koshy published back-to-back articles, with the first one appearing on June 22, 2024 (read here (paywalled)). In this article, Koshy reveals that Bharat Biotech (BBIL) filed a patent application for Covaxin without listing the Indian Council of Medical

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Prof. Avichal Bhatnagar v. The CEO, Pralek Prakashan Pvt. Ltd : Taking a Look at The Conundrum Surrounding Copyright Protection vis-a-vis Accessibility for PwDs

/ By / Copyright

In light of the recent order of the Office of Chief Commissioner for Persons with Disabilities in Avichal Bhatnagar v. Pralek Prakashan we are pleased to bring to you this guest post by Lakshita Handa and Pragya Singh. Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Lakshita

Prof. Avichal Bhatnagar v. The CEO, Pralek Prakashan Pvt. Ltd : Taking a Look at The Conundrum Surrounding Copyright Protection vis-a-vis Accessibility for PwDs Read More »

Some Thoughts on the Bombay High Court Order in Pidilite v. Astral Design Infringement Case

/ By / Design

On the recent decision dt. June 13, by the Bombay High Court in Pidilite Limited v. Astral Industries, we are pleased to bring to you this post by SpicyIP intern Aarav Gupta, discussing the Court’s finding on mosaicing and highlighting the lack of three factor assessment for interim injunctions. Aarav is a third-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading and watching sports.

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Parties Settle the Tips v. Wynk Copyright Dispute: Wynk, Wink, and a 12 Crore Nod!

/ By / Copyright

On June 18 Bombay High Court passed an order noting the consent terms between the parties in Tips v. Wynk copyright dispute. Discussing what the dispute was all about and highlighting the importance of the previous orders especially in the context of application of Section 31D vis a vis streaming, we are pleased to bring to you this post by SpicyIP intern Aditya Bhargava. Aditya is a second-year law student at NLSIU Bangalore. He is interested in intellectual property, AI

Parties Settle the Tips v. Wynk Copyright Dispute: Wynk, Wink, and a 12 Crore Nod! Read More »

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