[Sponsored] UK IPO-INTA Brand Protection Strategies Conference, 2023
SpicyIP | De-Coding Indian Intellectual Property Law
by SpicyIP
10h ago
We are pleased to announce that the UK Intellectual Property Office (UK IPO) and International Trademark Association (INTA) are jointly hosting a conference on brand protection strategies on February 24th, 2023 at the Imperial, New Delhi. The conference includes insights from government officials, academics, brand owners, and IP practitioners and is completely free-to-attend! For further details please read their announcement below.  UK IPO-INTA Brand Protection Strategies Conference, 2023 UK Intellectual Property Office (IPO) and International Trademark Association (INTA) are jointly hos ..read more
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SpicyIP Weekly Review (January 31- February 5)
SpicyIP | De-Coding Indian Intellectual Property Law
by SpicyIP
12h ago
In the first week of the new month, here are our summaries of the 3 blogposts, 7 court orders and other national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them! Highlight of the week Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness In a spicy turn of events, a division bench of Delhi High Court overruled the earlier order and held  that SCHEZWAN CHUTNEY holds secondary significance in the market. SpicyIP intern Ishant Jain discusse ..read more
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Book Release: ‘Archives, Ethics and the Law in India’ – A Guidebook for Archivists in India
SpicyIP | De-Coding Indian Intellectual Property Law
by Divij Joshi
6d ago
I am happy to announce the launch of ‘Archives, Ethics and the Law in India’, an open-access publication published by the Archives at the National Centre for Biological Sciences in Bangalore. This publication is intended to be a guidebook for archivists, on the intersecting questions of ethics and law that they routinely face in the course of their practice. The guidebook is one of the outputs of a larger project at the Archives at NCBS, which examines the intersections of law, ethics and archives in India, and is intended to indicate how archivists should consider questions of access to archi ..read more
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Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness
SpicyIP | De-Coding Indian Intellectual Property Law
by SpicyIP
6d ago
[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career In Intellectual Property Rights. If he is not at his desk, he is probably writing a poem or a short story.] In another spicy development, the mark  “SCHEZWAN CHUTNEY” and “SZECHUAN CHUTNEY” were held as descriptive and bereft of secondary meaning by a single Judge bench of the Delhi High Court, only to be later declared to have acquired “secondary significan ..read more
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SpicyIP Tidbits: Delhi High Court Interprets the Term “Leaving with the Registrar” Broadly
SpicyIP | De-Coding Indian Intellectual Property Law
by SpicyIP
6d ago
[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career In Intellectual Property Rights. If he is not at his desk, he is probably writing a poem or a short story.] In a notable move Delhi High Court in M/S V-Guard Industries Ltd vs The Registrar Of Trademarks & Anr gave a liberal interpretation of the term “Leaving with the registrar” given under Rule 45 of Trademark Rules 2017 and noted the reason for delay in fi ..read more
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SpicyIP Weekly Review (January 23- January 30)
SpicyIP | De-Coding Indian Intellectual Property Law
by SpicyIP
1w ago
[This weekly review has been co-authored with SpicyIP interns Gaurangi Kapoor and Ishant Jain.] January’s end is just around the corner and what an eventful start it has been to the year! In our previous weekly reviews (here, here and here) we have collectively summarized 16 blog posts, 37 case summaries and other national and international IP developments. Not to forget – we started the year with our round up of the biggest IP developments of 2022. In the last weekly review of the month, here are our summaries of the 4 blogposts, 6 court orders and other national and international IP developm ..read more
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SpicyIP Tidbit: Delhi HC passes ex parte injunction in favour of Glenmark in ‘TELMA / TELMA-AM’ counterfeiting claim
SpicyIP | De-Coding Indian Intellectual Property Law
by Namratha Murugeshan
1w ago
Image from here The Delhi High Court passed an ex parte injunction in the matter of Glenmark Pharmaceuticals vs Sanjeevni Medicos And Or against the defendant and restrained them from manufacturing, marketing, selling, and advertising medicinal and pharmaceutical preparations under Glenmark’s trade mark – ‘TELMA’ and ‘TELMA-AM’ and any other mark deceptively similar to the same. The injunction was granted to prevent confusion or deception amounting to infringement or passing off of Glenmark’s trade mark registrations. Telma and Telma-AM are trademarked names for Glenmark’s medicinal preparat ..read more
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SpicyIP Tidbit: Supreme Court translates 1091 judgments into regional languages on Republic Day
SpicyIP | De-Coding Indian Intellectual Property Law
by Praharsh Gour
1w ago
Image by Freepik Today India marks the 74th year since it adopted the Constitution and identified itself as a “Republic”! This day celebrates the ability of our nation, bogged by colonial setup, to overcome the past and establish itself as the largest democracy in the world with perhaps the most diverse population. In a very positive step towards acknowledging this vast diversity, the Chief Justice of India, Justice D. Y. Chandrachud announced that the Supreme Court would be making available 1091 judgments in different regional languages. As reported in Livelaw, while announcing the dev ..read more
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SpicyIP Weekly Review (January 17- January 22)
SpicyIP | De-Coding Indian Intellectual Property Law
by SpicyIP
2w ago
After a week full of interesting IP developments and some very interesting orders (!), here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the Week   Examining Oppositions: Time for a Deeper Look Recently a monograph on patent oppositions was published by HNLU, Raipur and was presented to the DPIIT with suggestions on streamlining patent opposition process and enabling ease of d ..read more
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Future of mRNA and win-win for all: Why we need the government to disclose its collaboration agreement
SpicyIP | De-Coding Indian Intellectual Property Law
by Aparajita Lath
2w ago
It is critical for the government to be forward-thinking. The Biotechnology Industry Research Assistance Council, a government department,  is reported to have provided INR 70 to 100 crores to Gennova Pharmaceuticals for its development of an mRNA vaccine for Covid. The mRNA technology is a versatile platform technology that has been heralded as a new era in vaccines. The platform used by Gennova (saRNA – self-amplifying RNA) overcomes storage / temperature issues that affected previous versions of mRNA vaccines. Unlike existing mRNA vaccines that need to be stored at very low temperature ..read more
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