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SpicyIPWeekly Review (December 4- December 10)

From Poetry to changing definitions of Transborder Reputation – we had some interesting posts on the blog this week! To read these, along with a round up of IP developments around the country, and world, read on below. Anything we’re missing out on? Please drop a comment and let us know. Highlights of the Week Bolt Technology v. Ujoy Technology: The Reputation and Goodwill Crossover Reputation and Goodwill: Not Really ‘Tomato-Tomahto’? The DHC’s verbose order distinguishing between ‘goodwill’ and ‘reputation’ […]

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Jab “We” Met: When Intellectual Property (IP) Met Public Interest (PI), a Poem

Image from here *The word “jab” translates to “when” in English. I recently read a beautiful poem called “The Delicate Balance” authored by Professor Raman Mittal and published at SpicyIP in 2013. It is IP history in a nutshell (and perhaps much more than that), I can say. Of course, I have read and enjoyed Prof. Basheer’s poetic posts earlier (e.g., The Wow of the Now). This time I thought of sharing my pursuits on similar lines. Though mine may

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Bolt Technology v. Ujoy Technology: The Reputation and Goodwill Crossover

[This post is authored by SpicyIP Fellow Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. Her previous posts can be accessed here.] The Delhi High Court, on 30 November 2023, determined that a mark’s global reputation or asserted goodwill alone would not suffice to establish a trans-border reputation claim. In a (rather verbose) verdict in Bolt

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Webinar on “Improving Drug Regulation for Greater Access to Biologics and Vaccines” [December 08]

We’re pleased to inform you that Third World Network (TWN) is organizing a one-hour discussion (with Q&A) on improving the drug regulatory system to create better access to biologics and vaccines on December 08. For further details, please see the announcement below: Webinar: Improving Drug Regulation for Greater Access to Biologics and Vaccines Third World Network invites you to a one-hour discussion (with Q&A) on how we can improve the drug regulatory system to create better access to biologics and

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Is the Writing on the Wall? Decoding Street Art, Fair Use and Moral Rights

[This post is authored by SpicyIP Fellow Yogesh Byadwal. Yogesh is a 3rd year B.A. LL.B. (Hons.) student at National Law School of India University, Bengaluru. He is interested in IP Law, Constitutional Law and Criminal Law. His previous posts can be accessed here]. In St Art India Foundation v. Acko General Insurance, the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’

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SpicyIP Weekly Review (November 27- December 03)

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Division Bench of the Delhi High Court’s (Divisive?) Clarification on Divisional Applications Divide and Rule? The DHC DB’s broad interpretation of the requirement to disclose plurality in provisional or complete specifications instead of the claims is music to the ears of patent applicants. But

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SpicyIP Tidbit: India-Pakistan Basmati Dispute Dismissed by DHC

Adding another layer of spice to the Basmati rice IP dispute between India and Pakistan, recently the Delhi High Court dismissed the 15 years old suit (pdf) against the export of Basmati rice by India, for non-prosecution from the plaintiff since 2020. As a quick background, this suit was filed seeking an injunction against the Govt. of India’s notification permitting export of “evolved” Basmati Rice under the mark “Super Basmati”. The suit was filed by Trading Corporation of Pakistan Pvt.

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SpicyIP Tidbit: DHC Observes That Evidence for Enhanced Efficacy Should Be Filed Before the Final Hearing

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. One issue that regularly pops up is the clash between filing timelines, and clinical trial data necessary to prove ‘enhanced efficacy’, as required to get by the Section 3(d) barrier. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.  Adding to judicial thought on this point, in a

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Division Bench of the Delhi High Court’s (Divisive?) Clarification on Divisional Applications

[This post has been co-authored with SpicyIP intern Sidhi Pramodh Rayudu with research assistance from Aadvika Anandal. Sidhi is a final year B.A. LL.B (Hons) student at Hidayatullah National Law University, Raipur. Aadvika is a second year student B.A. LL.B (Hons) at NALSAR University of Law, Hyderabad.] Is “plurality of an invention” indispensable for maintaining a Divisional Application? If so, where should this invention be disclosed? After the divergent understanding of the two Single Benches of the Delhi High Court,

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SpicyIP Weekly Review (November 20- November 26)

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Anything we are missing out on? Please drop a comment and let us know. Highlights of the Week  Checking the Constitutionality of the Notification Regarding the Appointment of Nodal Officers to Combat Film Piracy Assessing the constitutionality of the government’s move to appoint nodal officers to curb film piracy, Yogesh argues that the move violates the Right to freedom of

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