SpicyIP
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SpicyIP
@spicyip.bsky.social
De-Coding Indian Intellectual Property Law
It’s a week of new beginnings!

SpicyIP is organising the 1st National Policy Brief Competition on IP and Innovation with CIPAM, DPIIT with December 14, 2025 as submission deadline. Following up on the SpicyIP TV Summer School Edition, we have launched our main channel – “Let’s IPsa Loquitur”. 1/3
November 10, 2025 at 8:43 AM
"The recent decision of the SC in Novenco Building and Industry v. Xero Energy Engineering [re: pre-litigation mediation] seems to have been well taken. Comments online have showered praised over the decision for striking the right balance between procedural lapse and substantive justice. (1/3)
November 5, 2025 at 12:23 PM
DHC’s much anticipated judgment in Roche v. Natco and the eternal genus-species conundrum, more episodes from SpicyIPTV, and the DHC’s welcome clarification on the scope of qua timet injunctions. This and much more in this week’s SpicyIP Weekly Review. (1/2)
October 20, 2025 at 9:00 AM
Part II: A Peek Behind the Curtains of the Patent Amendment Rules 2024: A Diversity Analysis

Continuing the discussion on the RTI response to the Patent Amendment Rules, Arnav Kaman undertook a first level diversity analysis of the stakeholders participating in the process. (1/3)
September 17, 2025 at 8:48 AM
Part I: A Peek Behind the Curtains of the Patent Amendment Rules 2024

A massive RTI response has revealed a curious mismatch between the CGPDTM's comments on a few provisions of the Draft Patent Amendment Rules 2024, vis-a-vis the final version of the Patent Amendment Rules, 2024. (1/2)
September 17, 2025 at 8:32 AM
Part II: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex

Continuing the discussion on Stephanie Switzer, et al’s paper on Pandemic Agreement’s Annex, in Part II of the post, Srishti Gaur discusses the considerations put forth in the paper, .. 1/2
September 16, 2025 at 3:06 AM
Part I: Beyond the Tip of the Iceberg: Delving into the Entanglements of the PABS Annex

Explaining Stephanie Switzer, et al’s suggestions on the Pandemic Agreement’s Annexure on Pathogen Access and Benefit-Sharing system, in the first part of her two-part post on the .. (1/2)
September 16, 2025 at 3:05 AM
License to Kill (Innovation): Problems of the Indian SEP-Antitrust Gridlock

In July, 2023 the Delhi HC held in Ericsson that actions of enterprises in the exercise of their rights as a patentee could be scrutinised only by the office of the CGPDTM. (1/4)
September 16, 2025 at 3:02 AM
Caught in Limbo: The Karnataka HC’s Compromise on Staying Patent Infringement Suits

What are the options available to a trial court hearing an infringement suit for a patent that is the subject of revocation proceedings? (1/3)
September 16, 2025 at 3:01 AM
Caught in Limbo: The Karnataka HC’s Compromise on Staying Patent Infringement Suits

What are the options available to a trial court hearing an infringement suit for a patent that is the subject of revocation proceedings? (1/3)
September 16, 2025 at 3:01 AM
Midway to September – a post on the problems of the Indian SEP-Antitrust Gridlock. A two part post on the Pandemic Agreement’s PABS system and another on the Karnataka HC between revocation petition and a patent infringement proceeding. (1/2)
September 15, 2025 at 8:40 AM
Beginning September with a post on Rajasthan HC’s invocation of Article 21 of the Constitution in a trademark case. Bollywood’s copyright dance at the Bombay HC – post on the recent orders concerning the movies Disco Dancer and Dream Girl 2. This and a lot more on last week’s SpicyIP Weekly Review.
September 8, 2025 at 6:43 AM
How to Escape the Jurisdictional Demons of the Past: DHC’s Lesson on Territorial Claims in the Digital Bazaar

The Delhi HC in Vikrant Chemico v Shri Gopal Engineering set the record straight on the jurisdiction of courts in a trademark infringement dispute. (1/3)
September 5, 2025 at 9:41 AM
SC dismisses CCI’s appeal against ouster of jurisdiction on patent issues

After 12 long years, the Supreme Court's order in Ericsson v CCI seems to have ended with a bit of an anticlimax. While the order is not yet out, we understand that even while upholding the rest of Delhi HC's .. (1/3)
September 4, 2025 at 7:45 AM
Justice with Velvet Gloves? A Look at the DHC’s Decision in the iPhone Counterfeit Case

The Delhi HC recently voiced serious concern over the import of counterfeit iPhones in M/s ECG Easy Connect Logistics v Commissioner of Customs. (1/3)
September 4, 2025 at 7:39 AM
When Everything is a Right, What’s Left? Analysing Rajasthan HC’s Invocation of Article 21 in a Trademark Context

Is the right to a quick trademark examination a fundamental right? The Rajasthan HC in Nirmala Kabra v Registrar of TM says yes. (1/2)
September 4, 2025 at 5:30 AM
Vasundhra vs Vasundhara: Notes on Section 35 and the Goodwill Question

The Delhi HC, in an appeal filed by Vasundhara Jewellers against the single bench order dismissing the interim injunction application, clarified that a proprietor does not need to use their full name to avail of .. (1/2)
September 2, 2025 at 7:59 AM
From Disco Dancer to Dream Girl 2: Bollywood’s Copyright Dance in Court

Bollywood’s tryst with IP came to full display via two recent judgments by the Bombay HC. One concerning legitimate remake vs unauthorised adaptation and the other answering if a film character is a protectable expression. 1/2
September 1, 2025 at 12:50 PM
Analysing the Mankind Pharma Order through the lens of the Modi Pharma Case on the ‘Family of Marks Doctrine’

The Delhi HC recently in Mankind Pharma Ltd. v. Ram Kumar ordered for the cancellation of the “UNKIND” mark in Class 35. This becomes particularly relevant when read .. (1/2)
September 1, 2025 at 8:46 AM
5 years of the SciHub saga, multiple orders, and finally a blocked SciHub – a deep dive into the twists and turns of the case. A post discussing Benjamin Sobel’s paper on Copyright Accelerationism and another on the Supreme Court’s order on post-sale confusion. (1/2)
September 1, 2025 at 8:07 AM
Notes From Doctoral Diary: TACIP, Turku (20 – 21 August 2025)

Ever wondered what makes Technical Assistance (TA) possible in international IP law? Or, in Kantian terms, what are its “conditions of possibility”? In this post, Lokesh shares preliminary insights from a work-in-progress .. (1/2)
August 29, 2025 at 7:35 AM
From Travel to Trouble: The Yatra Online vs. Mach Conferences Tussle

The Delhi HC ruled against Yatra Online, holding that the disputed “Yatra” mark was both generic and descriptive and, more importantly, carried a disclaimer that expressly denied the plaintiff any exclusive rights .. (1/2)
August 29, 2025 at 4:29 AM
A Heavy Dose of Litigation: Novo Nordisk sees Litigation from Natco over Semaglutide

Natco has filed six separate civil suits before the Delhi High Court, arrayed against Novo Nordisk. Natco seeks declarations of non-infringement with respect to Novo’s process and device patents .. (1/2)
August 28, 2025 at 7:28 AM
Figuring Out the Correct CRI Guidelines by Looking at Google LLC v The Controller of Patents

The contentious Section 3(k) is in the news again in Google v Controller of Patents. The Cal HC upheld the rejection of patent by the Controller under without reference to the newer 2025 Guidelines .. (1/3)
August 26, 2025 at 11:58 AM
Pride & Prejudice: The Supreme Court’s Sobering Take on Post-Sale Confusion

In a recent ruling (Pernod Ricard v Karanveer Singh), the SC refused to grant an interim injunction to Pernod Ricard against the unauthorised use of the mark 'LONDON PRIDE' for whiskey. (1/3)
August 26, 2025 at 10:24 AM