SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta

/ By / Copyright, Design, Trademark

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous posts can be found here.] The fashion industry will never go out of business! In 2022, the size of the domestic textile and apparel industry was estimated at a whooping $125 billion. Players in the fashion industry benefit […]

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After 19 Years, Delhi High Court Passes the Judgement in the Viagra-Vigoura Trademark Dispute

/ By / Trademark

[This post is authored by SpicyIP intern Surabhi Katare. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. Her previous post can be found here.] Viagra- the samples that never came back! Ever since the drug was first manufactured, it has been the center of curiosity and complexities. It is an amusing fact that the drug was being

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What’s in a Name? Taking a look at IPO’s Interesting Observations on Benami Pre-Grant Oppositions

/ By / Patent

The recent decision of the Indian Patent Office in Suman Das v. Arcelormittal (Application no. IN 201717013441) emphasizes the need to pay attention to the content of the opposition itself instead of focusing on the identity and qualifications of the opponent – a point often repeated in previous posts on the blog (see here, here, and here). Considering that it’s only a tidbit we are not going into the merits of the case and interested readers can refer to the

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Delhi High Court Clarifies the Position on Writ Jurisdiction Against Orders Rejecting a Pre-grant Opposition 

/ By / Patent

In Rich Products Corporation v. The Controller of Patents (dt. May 1, 2024), a division bench of the Delhi High Court has killed two birds with one stone. Hearing an appeal against a Single Judge order refusing to entertain a writ petition against the Controller’s decision to reject a pre grant opposition, the Court stated that the petitioner (who had filed the pre-grant) should rather exhaust existing legal remedies under the Patents Act. The Court clarified that under the extraordinary

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Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part II

/ By / Trademark

Continuing the discussion (see here for Part I) on the Delhi High Court and the Supreme Court’s 2023 Keywords decisions, Malak Sheth critiques the Courts’ approach, arguing that use of a trademark in digital world cannot be viewed from the same lens of assessing their use in the physical world. Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. For the interested readers, the Delhi High Court’s division bench decision in Google v. DRS

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Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part I

/ By / Trademark

Critiquing the 2023 decisions on Keywords by the Delhi High Court and the Supreme Court, we are pleased to bring to you this two part post by Malak Sheth. In part I of the post, he critiques the Supreme Court’s observation in MakeMyTrip India Private Limited v. Google LLC on likelihood of confusion among the consumers. Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab. In case any reader is interested, this order has

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Leaving Out the Working Examples?

/ By / Patent

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs, clarified that a working example does not define the patent’s scope. Raising some concerns with this finding of the Court, we are pleased to bring to you this guest post by Dhruv Vatsyayan. Dhruv is a final year B.A. LL.B. (Hons.) student at the Faculty of Law, Banaras Hindu University,

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Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law

/ By / Opportunities

Celebrating our founder Prof. (Dr.) Shamnad Basheer’s 48th birth anniversary, SpicyIP is thrilled to announce the 2024 edition of the Shamnad Basheer Essay Competition on Intellectual Property Law! As many would know, his intellectual passion and incessant curiosity continues to inspire and motivate the thousands of lives that he touched. The essay competition continues in this spirit, aiming to foster a culture of relentless inquiry and growth, as well as to celebrate his memory and his legacy of outstanding scholarship.

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Law Commission’s 289th report- Trade Secret and Economic Espionage

/ By / COVID-19, Patent, Trade Secret

The Law Commission (LC) recently released its report no. 289- “Trade Secret and Economic Espionage”. (Part 1, Part 2and Part 3) In this post, I will discuss the key elements of the report and the draft bill proposed by the LC. First, I will analyze the provision on Compulsory Licensing of Trade Secrets included in the bill and discuss its upside and downside in the current form. Second, I point out the key provisions in the bill which indicate a shift from

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SpicyIP Weekly Review (May 6- May 12)

/ By / Copyright, Others, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the post on DHC’S observation in Sun Pharma v. Dabur India. Anything we are missing out on? Drop a comment below to let us know. Highlight of the Week Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicants’ Obligation to Serve Counter-Statements The DHC’s observation about the Applicant’s responsibility to serve the Counter Statements instead of the TM Registry is perhaps

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