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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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https://www.google.com/url?sa=i&url=https%3A%2F%2Fhealth.economictimes.indiatimes.com%2Fnews%2Fpharma%2Fbeta-drugs-limited-expands-portfolio-with-bevacizumab-adcimib-and-trastuzumab-vicentra-biosimilars%2F101802349&psig=AOvVaw01VYQUTQSmD1R0VxVyRsMl&ust=1719755907845000&source=images&cd=vfe&opi=89978449&ved=0CBEQjRxqFwoTCNCU1bj8gIcDFQAAAAAdAAAAABAE

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 »

[Sponsored] AI Searches get 33% Better with the New PatSeer’s AI Search v2 Engine

/ By / Patent

We are pleased to bring to you this sponsored post by PatSeer on the launch of their AI search V2. For more details, read on below. AI Searches get 33% Better with the New PatSeer’s AI Search v2 Engine Exactly one year ago, PatSeer launched its AI search for patents by introducing a completely new search powered by a custom-trained LLM model. Today I am excited to announce AI Search v2 which is a significant upgrade to the underlying AI

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Karnataka High Court Forms a Sub-Committee to Draft IPD Rules

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

In an important development, the Karnataka High Court on June 20 released a notification forming a sub-committee to draft rules for establishing an IP Division. The sub-committee comprises Registrar (Judicial), Karnataka High Court (the position is presently held by Mr. E. Rajeeva Gowda)  and Prof. Dr. Arul Scaria, Associate Professor, NLSIU, Bangalore. With this, the Karnataka High Court seems to be the latest High Court on its way to establish a dedicated IP Division. In the gamut of high courts,

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SpicyIP Weekly Review (June 17-June 23)

/ By / Copyright, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the post on the writs against the recent Patent Examiner recruitments, Delhi High Court decisions in the Under Armour case, the InterDigital-Xiaomi SEP litigation, and the Court’s ex-parte interim injunctions in the “Aap ki Adalat” case. Anything we are missing out on, feel free to drop a comment and let us know. Highlights of the Week Irregularities in the Patent Examiner Recruitment Exams? DHC to Decide on the

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