Comments on the Draft Patent (Amendment) Rules, 2023

/ By / Patent

As highlighted earlier, yesterday was the last day to share comments/ recommendations with the Ministry of Commerce on the draft Patent (Amendment) Rules, 2023. While on the blog, we have had posts by Md. Sabeeh Ahmad titled “The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules” and by Swaraj and I titled “Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them […]

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SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks

/ By / Others

Image source – here The Supreme Court in Brihan Karan Sugar Syndicate Private Limited vs Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana dealing with issues of passing off, acquiescence, underscored the pendency of suits in the Trial Courts in the State of Maharashtra and urged the Bar members’ cooperation with the Trial Courts. The case contains a few notable points that I found worth tidbit-ing. Let’s unfurl the facts: The case involves an appeal challenging an order of the High Court

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Draft Patent Amendment Rules: Big Impact but Limited Commentary 

/ By / Patent

The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the

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Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

/ By / Copyright, Trademark

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws. He completed his B.A. (Hons) LLB from NALSAR, Hyderabad in

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SpicyIP Weekly Review (September 11- September 17)

/ By / Copyright, Drug Regulation, Others, 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 Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules.

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[Sponsored] Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9)

/ By / Sponsored

We’re pleased to bring to you this post by UNH Franklin Pierce about its Associate Dean for Administration and Enrolment’s visit to India. Note: this is a sponsored post. Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9) In 2021, Shane Cooper joined UNH Franklin Pierce as the Associate Dean for Administration and Enrolment. The move to UNH Franklin Pierce came after nearly three decades in the US Navy, where

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Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place

/ By / Patent

[This post has been co-authored with Praharsh Gour. We’re also thankful to Tejaswini Kaushal and Varsha Sharma for their research assistance with this post. Tejaswini is a 3rd-year B.A. LL.B. (Hons.) student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.) from Jindal Global Law School, Sonipat.] Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a

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SpicyIP Tidbit: CGPDTM Issues Public Notice Limiting the Access to Trademark Public Search and E-Registry Features

/ By / Trademark

Trademark lawyers and researchers rely extensively on the Public Search and E-Register features of the Trademarks Registry’s website. But often it gets excruciatingly slow and painful to access the desired information owing to the massive bulk of traffic and other issues with the Trademark Registry’s servers in place. Acknowledging this issue, the office of Controller General of Patent Design and Trademark (CGPDTM) has issued a public notice announcing the unavailability of the Trademark Public Search feature and the E-register feature

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SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

/ By / Opportunities, Others, Patent, Trademark

The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The Trademarks Agent Exam is “likely” to be held on January 06, 2024 and the Patent Agent Exam is “likely” to be held on January 7, 2024 in 14 locations- Ahmedabad, Bangalore, Chandigarh, Chennai, Cochin, Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Nagpur, Ranchi, and Vishakhapatnam. Both exams will be conducted in 2 sessions of 2 hours (objective type) and 3 hours (descriptive type) respectively. The eligibility of the candidates

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Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India

/ By / Others

Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr. underscored that there is a need to supervise or govern patent and trademark agents. Interestingly, the same has also been raised earlier by Prashant, Aparajita, and Praharsh. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be

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