Squawking over butter chicken: The mystery of the real master chef

/ By / Others

Image from here Butter chicken is one of the most famous Indian dishes available all over India and outside. This culinary delight is now the subject of an intellectual property rights dispute before the Delhi High Court. The INR 2 crore (USD 240,000) squabble is between the Gujrals, founders of the restaurant chain Moti Mahal (and Moti Mahal Deluxe), and the grandson of another one of the founders – Daryaganj. The Gujrals claim that their ancestor created the curry in […]

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The Sweet Sound of Victory? BHC Clarifies that Organisations not Registered as Copyright Societies Can also Issue Licenses

/ By / Copyright

In a significant order, delivered on 24 January 2024 by the Bombay High Court in Novex Communications Pvt Ltd. v. Trade Wings Hotels Limited, the Single Bench (SB) held that organizations such as Phonographic Performance Ltd (PPL) and Novex Communications can grant licenses for the musical works owned by them, even if they are not officially registered as copyright societies under Section 33(1) of the Copyright Act, 1957. For some context:  After the Copyright (Amendment) Act, 2012, it was understood

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Same Same but Different! The Menace of Different Drugs with Similar Trade Names

/ By / Trademark

What if we tell you that there is a drug that is used for treating diabetes, but has a similar/ almost identical brand name as another drug used for treating a type of cancer. Surprising, isn’t it? Well, as it turns out this is not a one-off case. Eerily the issue of similar brand names for different drugs treating different ailments is pretty common in India. Though there have been some directions by the Supreme Court to curb this problem,

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CGPDTM to Hold a Meeting Regarding the Processing of Trade Mark Applications and the TMR Portal on February 1

/ By / Others

The office of the Controller General (CGPDTM) has announced that it will be organizing a “physical” meeting in its Mumbai office on February 1, to listen to the grievances of stakeholders regarding the TMR portal and other issues concerning the processing of trademark applications. The notice for this meeting was passed on January 29 i.e. just 2 days before the proposed meeting and it does not state if the meeting can be attended virtually. (Hopefully, soon similar meetings will be

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SpicyIP Weekly Review (January 22- January 28)

/ By / Copyright, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab.] Beat the ‘Monday Blues’ with our recap of IP developments from last week. Do read our summaries of the post on the DHC restraining generic competitors for Ibrunitib, Delhi High Court’s finding on opposition and examination process, and some quick tidbits on the Ram Mandir, Oppo-Nokia dispute settlement, and the Bombay High Court order on Pan

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SpicyIP Tidbit: Bombay High Court Issues Dynamic Injunction to Protect National Interests!  

/ By / Copyright, Trademark

[This tidbit is authored by Pranav Aggarwal. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. His previous post can be accessed here.] I have heard that imitation is the sincerest form of flattery. But, the PAN card service provider- UTI Infrastructure Technology and Service Limited (UTIITSL) was definitely not flattered, and neither was the Court. On 12th January,  the Bombay High Court passed a dynamic ex-parte ad-interim injunction order (pdf) restraining websites imitating as

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Journey Through “Decembers” on SpicyIP (2005 – Present)

/ By / Others

2023 has become yesteryear. 2024 has arrived. (Hope you all had a wonderful year beginning!). January is bidding adios now. In short, I am late in my sifting of SpicyIP pages. (Sorry!) But as they say, … ‘tis better late than never. So, here’s the “Decembers” post for the “Sifting Through SpicyIP Pages” series. We have traversed through Junes, Julys, Augusts, Septembers, Octobers, and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption

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Delhi High Court Clarifies that Opposition and Examination Run on Parallel Tracks 

/ By / Patent

In Novartis AG v. NATCO, the DB of DHC had to determine the “extent of engagement of pre-grant opposition in the course of proceedings initiated by Controller requiring the applicant for a patent to amend or modify the application, the complete specification thereof or any other related document”. In other words, whether the pre-grant opponent has a ‘right to hearing’ during the “examination” process. The court in this case sought to balance the need for rigorous examination with the need for expeditious

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(SpicyIP Tidbit) Nokia- Oppo SEP Litigation: The Dust (Dispute) Finally Settles!

/ By / Patent

In a major development, all the patent disputes (including the 5G SEP dispute) between Oppo and Nokia stand settled as both parties enter into a cross-licensing agreement. Though the terms of the agreement have not been made public, as reported by Sukanya Sarkar here (paywalled) the agreement brings an end to the patent disputes between the parties in Germany, France, the Netherlands, India, China, the UK and five other jurisdictions! Interestingly, as pointed out by Mathieu Klos, Nokia’s press release

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(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad 

/ By / Trademark

What if I told you that there was a way to get free prasad from the Pran Prathishta (consecration) ceremony of the Ram Temple in Ayodhya, Uttar Pradesh? Surely this question would have piqued the interest of many devotees. Many would have also come across text messages, Instagram posts stating that “Khadi Organic” was providing delivery of free prasad from the consecration ceremony against a delivery charge of merely INR 51/-. Also, chances are that many people would have confused “Khadi

(SpicyIP Tidbit) Devotion, Deception, and Confusion: Delhi High Court Restrains “Khadi Organic” from Selling Ram Mandir Consecration Prasad  Read More »

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