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SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side
Image from studio tdes here Right to Information (RTI) Act, 2005 has been in the news for the last few days, especially for its...
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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines
On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments...
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Smells like Luxury, Does it Cost a Trademark Battle?
Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at...
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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules
Image from here On August 23, the Draft Patent (Amendment) Rules, 2023 , were published in the Gazette of India, inviting public...
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SpicyIP Weekly Review (August 21- August 27)
Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the...
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Toothless National Policy on Rare Diseases- Part II
[ This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in Delhi and is a graduate...
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Toothless National Policy on Rare Diseases – Part I
Image from here [ This guest post is authored by our former blogger Varsha Jhavar and Surbhi Nautiyal. Varsha is a lawyer based in...
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SpicyIP Weekly Review ( August 14 – August 20)
Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s...
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Going Back to First Principles – A Nuanced Understanding of Infringement in Google v DRS
We are pleased to bring to you a guest post by Aditya Gupta on the recent Delhi High Court Division Bench order in Google v. DRS. Aditya is an...
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Jharkhand High Court Quashes Criminal Proceedings Alleging Copyright Infringement Against a Professor
Image from here A couple of weeks ago, I discussed a law student in Bengaluru filed a case, alleging copyright infringement, against...
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Jan Vishwas Bill 2023: Small businesses, competition and public health set up to lose?
As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). This bill seeks to promote business by...
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SpicyIP Tidbit: No Cure for the Plaintiff’s Heartburns? Delhi High Court Rejects an Interim Injunction against Defendant’s Anti-Acidity Drug Despite Finding Trademark Infringement
Image from here On August 16, the Delhi High Court passed an order in Sun Pharma Laboratories Ltd. v. Finecure Pharmaceuticals which...
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SpicyIP Tidbit: Non-Working will not Work: Delhi High Court’s Inquisitorial Assessment of Interim Injunctions
Image from here Those familiar with IP litigation in India would know the significance of obtaining an interim injunction since that...
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DHC upholds Revocation of Pepsico’s Potato Plant Variety: –
Image from here. FL 2027 variety of potatoes are used to manufacture chips for the “Lay’s” brand. On July 5, the...
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SpicyIP Weekly Review (August 7- August 13)
Last week was full of exciting discussions on the blog. Praharsh wrote on the Delhi High Court’s Division Bench order staying the...
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A Division Bench Stays the Directions in the Vifor v. MSN Labs ‘Product by Process Claims’ Order
Image from here On 24 July, 2023 the Delhi High Court had passed a detailed order in Vifor v. MSN Laboratories , reading Process by...
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Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court
In Humanity Life Extension LLC v. Union of India , the Delhi High Court refused to read Rule 49.6 of the Patents Cooperation Treaty...
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Gazing at Substantive vs Procedural Rights in the Light of SAP Se vs Swiss Auto Products and Anr
Image from here [This post is authored by SpicyIP Intern Varsha Sharma. Varsha is a 5th year law student pursuing B. A. LL.B (Hons.)...
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Trademark Registry Files Latest Data on Oppositions Before the Delhi High Court
Data on the pendency and disposal of applications and oppositions are extremely crucial to understand the effectiveness of the Indian...
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Modern Foods v. Modern Snacks: A Pragmatic Approach to Trademark Infringement Suit Injunctions
[This post is authored by our former blogger Rahul Bajaj. Rahul is an attorney at Ira Law.] When assessing whether a plaintiff in a...
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SpicyIP Weekly Review (July 31- August 6)
Last week was full of exciting discussions on the blog. Lokesh wrote a post on the 2023 amendments to the Cinematograph Act, 1952 and put...
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SpicyIP Tidbit: Law Student Claiming Copyright Infringement Gets an Interim Injunction Against 2 Law Asst. Professors
Meme from here Ask anyone in academia what’s their worst nightmare. And probably, they’ll respond by saying “plagiarism.” Many face it,...
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Journey Through “Julys” on SpicyIP (2005 – Present)
Image from here Last month, while sifting through the pages of “Junes” on SpicyIP, I pored over some old posts to see what has or has...
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High Court cannot sit in appeal under Section 91 of the TM Act against the administrative panel decision of WIPO, says Delhi High Court
The Delhi High Court, by order dated 19 July 2023 in Ashwa Ghosh v Vizrt Ag and Others, held that the High Court cannot hear appeal under Section...
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[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)
We are pleased to inform you that the Centre for Innovation, IP and Competition (CIIPC), National Law University, Delhi is inviting applications...