Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights. His previous posts can be accessed here. Image from hereProblem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination? By Kevin Preji On 28th ..read more

Here is our recap of last week’s top IP developments including summaries of posts on the Ericsson- Lava SEP dispute, disclaimed trademarks, and impact of patents on innovation in academia. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Some Thoughts on the “Fairness” of the Delhi High Court’s Ericsson-Lava FRAND Determination- Part II Continuing their discussion on the DHC Ericsson- Lava decision, Swaraj and Praharsh critique the reasons (and lack thereof) in the Judgement along with the issues in adopting the global FRAND rate by the Court. Don’t ..read more

We are pleased to bring to you this guest post on the statutory position and judicial interpretation of disclaimed marks in the Indian trademarks regime. The post is authored by Surabhi Katare who is a fifth year student at Hidayatullah National Law University, Raipur. Surabhi is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. An example of registration disclaiming the right to exclusively use the descriptive term “coffee”. Image from the status report of Application no. 689219 for Starbucks Coffee label. Disclaimed Trademarks: Protection or Usurpat ..read more

Critiquing the policy to incentivise patent filing by academicians, we are pleased to bring to you this guest post by Apoorv Kumar Chaudhary arguing why patents may not be relevant in every field and how this policy may result in frivolous patent applications. Apoorv is currently an Academic Fellow at National Law School of India University, Bangalore. He is also pursuing his PhD on criminal enforcement of Copyright in India from NLSIU. He can be contacted at apoorvkc[at]gmail[dot]com. The author would like to thank Professor Arul George Scaria and Ms. Vidya Subramanian for their inputs. Pleas ..read more

We are pleased to inform you that the Working Group on Access to Medicines and Treatments is organizing a webinar today to examine the impact of the EFTA-India Free Trade Agreement and the Patents Rules Amendment. The discussion is free and open to all to attend. For further details, please see the announcement below: Webinar on EFTA-India Trade Deal & Amendments to Patent Rules: Threat to Affordable MedicinesWebinar [April 26, 2024] India signed a Free Trade Agreement (FTA) with the four-nation European Free Trade Association (EFTA) on 10 March 2024, incorporating intellectual property (I ..read more

We are pleased to inform you that admissions are now open for the WIPO-NLUD-IPO joint Masters/ LL.M. programme. The last date to apply is June 3, 2024. For more detail please read the announcement below: Admissions Open: WIPO-NLUD-IPO Joint Masters/LL.M. at National Law University Delhi The National Law University Delhi invites online applications for admission to the Masters of Arts in Intellectual Property Law and Management (M.A. Degree Programme)/ Master of Law in Intellectual Property Law and Management (LL.M. Degree Programme). It is being jointly offered by the National Law University D ..read more

Image from here [This post is co-authored with Swaraj Paul Barooah.] This is Part II of the two part post on the recent Delhi High Court decision on the Ericsson-Lava SEP dispute. In Part I of the post we focussed on locating reasons for the FRAND determination by the Court. This part focuses on the Court’s findings on and calculation of damages payable to Ericsson, while critiquing the reasons (and the lack thereof) in the judgment. We shall also highlight the issues in the rationale behind adopting the global FRAND rate by the Court and how it fails to take into account consequential inconsi ..read more

Here is our recap of last week’s top IP developments including summaries of posts on the Ericsson- Lava SEP dispute, unauthorized use of protected material to train Gen AI, and CGPDTM’s call for feedback on IP administration in India. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Looking for the Reasons in the Delhi High Court’s FRAND Determination in the Ericsson- Lava SEP Case- Part I Images from here and here The Ericsson-Lava SEP decision has been big news all around! Big on damages (244 crores!), big in length (476 pages!), but ..read more

Image by storyset on Freepik In a welcome move, the office of Controller General of Patents, Designs and Trademarks (CGPDTM) has invited feedback on IP administration in the country by CGPDTM, and the Copyright and GI Registries. For this, the Office has released a 6 page questionnaire on April 15 and has kept April 22 11:59 PM as the deadline to share the responses to this questionnaire. The questionnaire specifies that the feedback will be kept confidential and only the aggregate data from the survey will be used by the Office.  The questionnaire is divided into the following 5 Sec ..read more

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System Image from here One of the highlights of the India-EFTA TEP ..read more