An Update on the Emami  v.  Dabur: A Qualified Right to be Heard  for Ad Interim Injunctions

/ By / Trademark

Recently on October 11, a Division Bench of the Delhi High Court clarified that its earlier observation (in Dabur v. Emami), to accord the Respondent an opportunity to be heard before deciding on an ad interim injunction application cannot be seen as an inviolable rule. SpicyIP intern Tejaswini Kaushal writes on this clarification by the Division Bench. 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 […]

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Raytheon Company v. Controller General of Patents and Designs: The Question of CRI and 3(k)

/ By / Patent

Recently, on September 15, the Delhi High Court set aside an order from the Indian Patent Office rejecting the patent application on the basis of the old CRI Guidelines, 2016. This decision of the court in Raytheon Company v. Controller General of Patents and Designs, thus opens the pandora box around the mandate within Section 3(k) and its interpretation under the revised 2017 CRI Guidelines, writes SpicyIP intern Yogesh Byadwal in this post. Yogesh is a 3rd year B.A. LL.B.

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Is There More Than Meets the Eye? Delhi High Court and the Recent Section 124 Dilemmas

/ By / Trademark

[The post is co-authored with SpicyIP Intern Tejaswini Kaushal. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Her previous posts can be accessed here.] Recent orders by the Delhi High Court in Nadeem Majid Oomberbhoy v. Gautam Tank and Anr. and Mr. Amrish Aggarwal Trading as M/s Mahalaxmi Product v. M/S Venus Home Appliances Pvt Ltd, delivered by Justice C. Hari Shankar, have spurred debate and discussion around the application and

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The Tale of Indian Dynamic Injunctions Jurisprudence: One Step Forward Two Steps Back

/ By / Copyright, Trademark

We are pleased to bring you a guest post by Krishna Ravishankar and Parul Anand on the evolution of the dynamic injunction jurisprudence in India. Krishna and Parul are third-year students from National Law University Jodhpur. The Tale of Indian Dynamic Injunctions Jurisprudence: One Step Forward Two Steps Back Krishna Ravishankar and Parul Anand Injunction, a veteran tortious remedy for legal infringements, has taken a dynamic form to address novel infringements previously absent in the non-digital domain. The ever-shifting internet

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SpicyIP Weekly Review (October 2- October 8)

/ By / Copyright, Geographical Indication, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week A Deeper Look into the Humans of Bombay and People of India Fiasco Humans of Bombay v. People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. Illustratively looking into a set of allegedly similar “images” presented

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Only 6 More Days to File Comments/ Suggestions on IP Manuals and Guidelines!

/ By / Copyright, Geographical Indication, Patent, Trademark

A gentle reminder to our readers that the last day to submit comments for the revision of the Patent, Designs, Trademark, GI and Copyright Manuals and Guidelines is just around the corner. As discussed earlier, CGPDTM has invited comments from the interested stakeholders by October 15, 2023. The relevant links to the present manuals and guidelines are given below:- As explained in the above post, these manuals and guidelines are paramount owing to their role in the implementation of the

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Looking at the DHC’s order in Jainemo Pvt. Ltd. v. Rahul Shah Through the lens of the DU Photocopy Case

/ By / Copyright

The Delhi High Court on September 27, 2023 granted an injunction to the plaintiff in Jainemo Pvt Ltd. v. Rahul Shah, restricting the defendants from disseminating educational material online. Assessing the rationale of the order through the lens of DU photocopy case, we are pleased to bring to you this guest post by SpicyIP intern 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,

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SEPs & FRAND: Misnomers & Maladies

/ By / Patent

Often the discussion around SEPs and FRAND is muffled because of the surrounding technicalities, and accompanying jargon and only rarely does one come across a work that is able to explain the nitty gritty of SEP and FRAND in a simple manner. We recently came across one such short paper on “SEP Litigations & Issues in Determining the FRAND License” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here) and extended a guest post

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A Deeper Look into the Humans of Bombay and People of India Fiasco

/ By / Copyright

[This post has been co-authored with Swaraj and Nivrati Gupta. Nivrati is an IP lawyer based in Delhi and is a graduate of Institute of Law, Nirma University Ahmedabad. Long post ahead.] The Delhi High Court recently in Humans of Bombay v People of India granted an interim relief to ‘Humans of Bombay’ (HoB) by issuing a notice to ‘People of India’ (PoI) (both being social media pages) for alleged copyright infringement and ‘replication of HoB’s business model’ including the

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Appeal Against NBA’s Order: Use Of Biological Resources For Research Purposes Amounting To Commercial Utilisation?

/ By / Others

In 2018, an Office of Memorandum (Memo) was passed by the Ministry of Environment, Forest and Climate Change directing the National Biodiversity Authority (NBA) to consider, on merit, the cases of entities/ persons, who were unaware of the provisions of the Biological Diversity Act and were using biological resources without approval. Thus, as explained by Adarsh here, this Memo enabled such entities to get an ex-post facto approval for past conduct. Emitting from this arrangement is the appeal in DCM

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