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DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue 

/ By / Copyright

On July 12, 2024, the Delhi High Court (DHC) issued two orders in a matter involving a dispute between Phonographic Performance Limited (PPL) and Al-Hamd Tradenation concerning interim injunctions and compulsory licensing (CL). This post analyses the astuteness of the two orders and the implications this jurisprudence will have on future litigations involving similar matters. The Interim Injunction Grant… On July 12, 2024, a single bench (SB) of the DHC granted an interim injunction against Al-Hamd Tradenation in the case […]

DHC strikes the Right Chord Clarifying that a Pending Compulsory License Application Will Not Justify Allegedly Infringing Activity to Continue  Read More »

Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today

/ By / Copyright, Geographical Indication, Patent, Trademark

In the wake of the Ministry of Commerce and Industry’s announcement to bring the Jan Vishwas (Amendment of Provisions) Act in force on August 1, we are pleased to bring to our readers a tidbit on the development 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. Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today By Aditi Bansal Recently

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Comments on the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024

/ By / Trademark

On July 2, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (Holding Inquiry and Appeal) Rules, 2024. In light thereof, we are pleased to bring to our readers detailed comments on the Proposed Rules authored by Rishabh, Praharsh and Swaraj. The submission is divided into two parts- General Comments and Substantive Comments on the Draft Rules. The General Comments pertain to the lack of transparency behind the process adopted to formulate and draft these

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Jackie Chan with hands over his head looking confused.

SpicyIP Weekly Review (July 22-July 28)

/ By / Copyright, Geographical Indication, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). This and much more in this SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. [This weekly review is authored by SpicyIP intern Sumedh Gadham. Sumedh is a second-year law student enrolled at the National University of Juridical Sciences (NUJS).

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CGPDTM to hold a Public Meeting on Form 27 (July 29)

/ By / Patent

The office of Controller General of Patents, Designs and Trademark (CGPDTM) issued a notice informing about the organization of a virtual public meeting for brainstorming on the new Form 27. The meeting will be organized on July 29 at 4:30 and can be joined by using the open house meeting link (can be accessed from here). [Edit: Please note the link for the meeting has been changed today. The new link for the meeting can be found here- https://ipindia.gov.in/newsdetail.htm?995) While

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Does the Indian Patent Office Rejection Order on E-Cigarettes Violate International Treaties?

/ By / Patent

Right on the heels of Tejaswini’s post on the Indian Patent Office’s E-Cigarettes patent rejection order, we are pleased to bring to you this guest post by Bharathwaj Ramakrishnan assessing the viability of the argument that the rejection order’s rationale violated India’s international commitments. Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur and loves books and IP. His previous post can be accessed here. Does the Indian Patent Office Rejection Order on E-Cigarettes Violate International Treaties? A

Does the Indian Patent Office Rejection Order on E-Cigarettes Violate International Treaties? Read More »

Drug Doppelgängers: Unveiling the Dangers of Look-Alike, Sound-Alike (LASA) Medications

/ By / Trademark

In light of the news surrounding the possibility of implementation of strict measures against Look Alike Sound Alike (LASA) drugs, we are pleased to bring to you this discussion by Aditya Bhargava. Aditya is a third-year law student at NLSIU Bangalore. He is interested in intellectual property, AI regulation and tech law. His previous posts can be accessed here. Drug Doppelgängers: Unveiling the Dangers of Look-Alike, Sound-Alike (LASA) Medications By Aditya Bhargava Imagine a scenario where you walk into a shoe

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Adidas v. Keshav H. Tulsiani & Ors: A Case of Skewed Contentions

/ By / Trademark

Claiming affection towards their sibling as the justification for adopting a deceptively similar ‘Adidas’ mark, the defendant in Adidas v. Keshav Tulsiani pleaded honest adoption of the impugned mark as a defense against trademark infringement allegations. Highlighting this interesting argument, SpicyIP intern Rishabh Deshpande discusses the Delhi High Court judgement passed in this case. Rishabh Deshpande is a 3rd year B.A.LLB. student from WBNUJS, Kolkata. Adidas v. Keshav H. Tulsiani & Ors: A Case of Skewed Contentions By Rishabh Deshpande

Adidas v. Keshav H. Tulsiani & Ors: A Case of Skewed Contentions Read More »

Jackie Chan with hands over his head looking confused.

Madras HC on Computer Program and 3(k): Following the DHC way

/ By / Innovation, Patent

Microsoft Technology Licensing, LLC v. Assistant Controller of Patents marks what may be Madras HC’s first authoritative decision on the patentability of a computer program, in this case, involving command surfaces u/s. 3(k). In this post, first, I will discuss the facts constituting the case. Then, I will discuss whether MHC’s understanding aligns or deviates from DHC’s jurisprudence over the last five years. Then, I engage with MHC’s observation that ‘enablement’ is not a relevant inquiry when deciding the patentability of computer program

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[Sponsored] Trademark Watch: AI Powered TM Management by LegalTech StartUp

/ By / Sponsored, Trademark

We are pleased to bring to you this sponsored post by QuickCompany about the new update to their Trademark Watch software. For more details, read on below. Trademark Watch: AI Powered TM Management by LegalTech StartUp QuickCompany, India’s most popular Trademark Search Engine has introduced a new update to its Trademark Watch Software. The Web Based Application allows you to manage a Portfolio of 1000s of Brands with a single agent. How Does This Help me as a Trademark Attorney?

[Sponsored] Trademark Watch: AI Powered TM Management by LegalTech StartUp Read More »

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