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The Taste of Triumph: Lays Sweeps Potato Variety IP Dispute

/ By / Plant Variety Protection

Lays Bags the Win A division bench (DB) consisting of Justice Yashwant Varma and Justice Dharmesh Sharma has nullified on 09 January 2024, the single bench’s (SB) ruling from 05 July, 2023 (discussed by Niyati here) and the order of the Authority established under Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA), 2001, along with its letter dated February 11, 2022, which denied PepsiCo’s application for the renewal of patent registration on a potato seed variety- FL 2027.  Before […]

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Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds

/ By / Plant Variety Protection

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. SpicyIP Intern Vedika Chawla discusses this order. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds By Vedika Chawla In an artfully written judgement, The Delhi

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Delhi High Court Checks-in With Clarity in Makemytrip and Booking.com Keyword Dispute

/ By / Trademark

Relying on the decision passed in Google v. DRS Logistics, a Division Bench of the Delhi High Court recently held that use of “MakeMyTrip” as a keyword shall not amount to trademark infringement. SpicyIP intern Vedika Chawla writes on this development. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Delhi High Court Checks-in With Clarity in Makemytrip and Booking.com Keyword Dispute By Vedika Chawla In a decision on 14

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SpicyIP Weekly Review (January 1- January 7)

/ By / Copyright, Geographical Indication, Patent, Trademark

This weekly review is co-authored with SpicyIP intern Vedika Chawla. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India.  Highlights of the Week Comments on Draft IPR Division

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Angering the Gods: A Relook at the VBM Trademark Infringement Case

/ By / Others, Trademark

Invoking the “Holy Trinity of Hindu Gods” The case of VBM Medizintechnik GMBH v. Geetan Luthra raised eyebrows regarding the uncanny defense relied on for justifying the use of the trademark ‘VBM’: that it stood for the Hindu gods Vishnu, Brahma, and Mahesh! Most fortunately, it didn’t last long.  A bit of background before we delve into more details: On 25 September 2023, in a legal dispute between a German medical equipment manufacturer, VBM Medizintechnik GMBH, and the Indian entity

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The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

/ By / Patent

The US National Institute of Standards and Technology (NIST) on December 8 released guidelines inviting comments on the use of March in rights. SpicyIP intern Jyotpreet Kaur writes on these rights, the changes proposed in the guidelines, and India’s position on similar arrangements. This post has been authored with inputs from Swaraj. Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction

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Comments on Draft IPR Division Rules of High Court at Calcutta, 2023

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

[This post is co-authored by SpicyIP Intern Pranav Aggarwal, Praharsh and Swaraj. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here.] [Edit: Our final submissions co-authored by Praharsh Gour, Pranav, Swaraj, and Malobika Sen were sent in on 5th January, and can be viewed here.] On December 19, 2023 the High Court at Calcutta published the

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PAEP: Free Course on Patent Agent Exams

/ By / Patent

The Patent Agent Examinations are due on January 07, 2024. And looking at some of the previous discussions on the blog (indicatively see here, and here), this one surely seems like a tough nut to crack. In light of the approaching exams, we are pleased to bring to you news from one of our former bloggers Rajiv Kr. Choudhary about a wonderful new initiative he’s put together online, Prepare for the Patent Agent Examination (PAEP), a free for all website

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Copyright Bill, 1955: the Best Copyright Law that India Never Had

/ By / Copyright

Discussing the Mahatma’s take on copyright and the interplay between the 1955 Copyright Bill and the Berne Convention, we are pleased to bring to you this post by Shivam Kaushik. The post is a part of our IP History series. Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. His previous posts can be accessed here. Copyright Bill, 1955: the Best Copyright Law that India Never Had By

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Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law

/ By / Trademark

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. M P Ram Mohan and Aditya Gupta. In this post, the authors highlight the historical justification behind the drafting of the provision prohibiting the registration of scandalous and obscene marks and undertake a purposive sampling of the actions taken by the Trademarks Registry against applications for such marks.

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