Monopolizing the Hipster? – Test of Design Infringement by the Delhi High Court

/ By / Design, Overlaps in IP

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the recent order by the Delhi High Court on the ‘Hipster bottle design’ controversy. Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court. He’s written several posts for us in the past and they can be found here. Monopolizing the Hipster? – Test of Design …

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SpicyIP Tidbit: Indian Patent Office Comes Up with Revisions Fixing Durations of Adjournments Among Other Things

/ By / Patent

The pendency of oppositions and applications before the Indian Patent Office is an issue about which we have written extensively in the past (see here, here and here). Unclear timelines to adjudicate on, multiple adjournments by the parties contribute immensely in the soaring number of pending patent applications. (indicatively see here for Namratha’s post on DHC order repudiating a party for seeking repeated adjournments and not filing the written statements timely.) In order to improve the situation, the Indian Patent …

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Part II: Diagnostic method patents in India

/ By / Patent

Part I provides factual context to the post below. Interpreting Section 3(i) Section 3 is the key section on “patent eligibility” and lists out what are not “inventions” under the Indian Patents Act. One such non-eligible patentable subject matter is listed in Section 3(i): “Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic …

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Part I: Diagnostic method patents in India

/ By / Patent

In March 2023, the Delhi High Court will consider two significant rejections by the Patent Office (PTO) that will determine the fate of diagnostic method patents in India. The PTO recently rejected EMD Millipore’s patent application involving IR based spectroscopy and Sequenom’s patent application involving non-invasive prenatal genetic diagnostics on the grounds that both inventions were not patent eligible under Section 3(i) of the Patents Act, 1970.  This provision excludes diagnostic processes from patent protection. Both rejections have been challenged …

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SpicyIP Weekly Review (December 20- December 26)

/ By / Copyright, Drug Regulation, Patent, Trademark

Happy holidays to all our readers! After another eventful week on the blog, we are here with our weekly reviews summarizing the 5 posts covered on the blog along with 19 case summaries and other national and international IP developments.   Highlights of the Week IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System Prof. Antilegend and his class are back! This time the discussion ventures further into the Indian drug regulatory system and the class learns more about …

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IP Reveries: Class 5.2 – Interrogating India’s Drug Regulation System

/ By / Drug Regulation, Trade Secret

Prof Antilegend is back to greet you all on this yuletide! After brooding over the basics in the last class, this session (i.e. class 5.2) sieves through the Indian drug regulation system, which has attracted much attention in the last few months. For the previous class, please go here. And if this is your first time coming across the IP Reveries series, you can see what it is about as well as get links to our previous classes in the …

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SpicyIP Tidbits: IPO deals with formalities and reasons!

/ By / Patent

We have two interesting IPO related tidbits for you. Read on ahead! 1. The Delhi Court rebuked the incomprehensible reasoning of the Assistant Controller of Patents & Designs: The incomprehensibility of judgments is not a new issue, and the Supreme Court has even given some tips for judgment writing recently. Surprising no one though, it still happens repeatedly, and this time a court gnashed at a gobbledygook(y) order. The Delhi High Court, in Art Screw Co., Ltd. vs The Assistant …

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Gone With the Wind: Where to Find the Repository of IPAB Orders? 

/ By / Others

We’re pleased to bring to you a guest post by one of our interns, Gaurangi Kapoor, on the inaccessibility of orders and other resources post the takedown of the IPAB website. Gaurangi completed her LLM in IP and Technology law from Jindal Global Law School in 2022. Her current areas of interest are copyright, design and artificial intelligence.  Gone with the wind: Where to find the repository of IPAB orders?  Gaurangi Kapoor Recently a criminal contempt proceeding has been initiated …

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Delhi High Court Directs the Trademarks Registry to Transfer 5 Rectification Applications

/ By / Trademark

Last month Delhi High Court in Jumeirah Beach Resort Llc vs Designarch Infrastructure Pvt Ltd., directed the Trademarks Registry to transfer five pending rectification applications to it. While the court itself identified that there is no provision within the Trademarks Act that authorizes it to pass such an order, it nonetheless saw “no difficulty in directing the said transfer.” The court justified this on two grounds- 1) If the Registrar of the Trademark can ‘refer’ the matter to the court …

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SpicyIP Tidbits: Delhi High Court Imposes Humongous Costs on Habitual Cybersquatter 

/ By / Trademark

In a case concerning allegations of trademark infringement by cybersquatting and passing off,  Delhi High Court imposed damages worth a whopping INR 2 Crores on the Defendant! The Defendant, one Namase Patel, was alleged to possess hundreds of domain names with deceptively similar domains- addobe.com and adobee.com. Furthermore, it was alleged that the defendant uses a catch-all function that enables them to have access to all the emails where the domain name of the recipient is misspelled. The plaintiff also …

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