SpicyIP

AUGUST 2, 2021

In Part II , I looked at the amendments suggested to the procedural aspects of the Patents Act, which captures the Committee’s intention to direct changes that would increase patent filing in the country. The various reforms concern the patent application exam and the creation of specialized ADR forums for IP cases.

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LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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SpicyIP

AUGUST 4, 2024

Novex Communications Private Limited vs Siddhivinayak Hospitality on 29 July 2024 (Bombay High Court) Image from here An ad-interim relief was granted by the Court in a copyright infringement case instituted by the plaintiff. The plaintiff company owned the copyright of several films and these were not licensed to any party.

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SpicyIP

MARCH 11, 2024

The Court sets aside the rejection, staying the suit until the rectification application’s disposal within eight months. Ynsect vs The Controller Of Patents on 28 February, 2024 (Delhi High Court) Image from here The appeal challenged the denial of an Indian patent application for insect treatment.

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IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Clarification on Jurisdiction of High Courts after the Tribunals Reform Act 2021, and Need for Reasoned Orders for Rejecting Patent Applications. Then we discussed the Bombay High Court’s decision to rebuke the Patent Office for dismissing a patent application without providing sufficient reasons for the same.

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43(B)log

APRIL 29, 2024

He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects. Kitchen Cube also stated on its website that “we designed and manufactured every kitchen measuring device in one easy to use gadget.” Kitchen Cube filed a patent application for the Cube. 8-23-cv-01698-MEMF-ADS (C.D.

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SpicyIP

MARCH 25, 2024

The Controller Of Patents on 15 March 2024 (Delhi High Court ) The appeal challenged the order rejecting the Appellants’ patent application under Section 15 of the Patent Act, 1970, for lack of novelty and inventive steps compared to prior art. Baxalta Incorporated v. Christian Louboutin Sas & Anr v.s

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SpicyIP

JULY 23, 2023

on 20 July, 2023 (Delhi High Court) Aggrieved by the Controller’s order rejecting the petitioner’s National Phase application, the petitioner filed a writ seeking a declaration that amendment to Rule 138, which took away the power to extend the time to file an international patent application by one month, is ultra vires.

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SpicyIP

JULY 31, 2023

C ase Summaries Delhi High Court reiterates that functional designs are not per se ineligible for registration and can be registered if they possess any aesthetic appeal Case : Ttk Prestige Ltd. vs Gupta Light House on 24 July, 2023 (Delhi High Court) Image from here The dispute pertained to imitation of suit design by the defendant.

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SpicyIP

MARCH 27, 2023

Controller of Patents and Designs. Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Or are they adversarial in nature?

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SpicyIP

NOVEMBER 26, 2023

Laxmi Kohlu Ghar vs Controller General Of Patents, Designs and Trademarks on 22 November, 2023 (Delhi High Court) A writ petition was filed by the plaintiff alleging that reasons for orders passed by the trademarks office accepting or directing advertisement of a mark are not made publicly available.

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SpicyIP

DECEMBER 5, 2022

Discussing the Recent Patent Application Restorations by Delhi and Madras High Courts. We discussed the recent orders from Delhi and Madras High Court regarding restoration of ‘deemed abandoned’ patent applications. Samsung, Huawei, LG lead metaverse patent race. Image from here. Never Gonna Give You Up?

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SpicyIP

JULY 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the IPO’s rejection of an e-cigarettes related patent application, LASA drugs, MHC’s decision concerning Section 3(k). The matter was remitted by the Court for fresh consideration by a different Patent Controller.

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SpicyIP

JANUARY 23, 2023

Delhi High Court sets aside the cryptic order passed by the Respondent, directs to consider the matter afresh Case: Alfred Von Schukmann vs The Controller General Of Patent, Designs and Trademarks and Ors. Novartis patent set aside on procedural grounds by Delhi High Court. Case: Star India Private Limited. &

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IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1]

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The IPKat

FEBRUARY 3, 2023

Within days, stock image supplier Getty Images announced that it was one of the “folks” who disagreed – and disagreed so strongly that it had commenced legal proceedings in the High Court in London alleging copyright infringement. What is AI image generation software?

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IP Watchdog

SEPTEMBER 10, 2021

This week in Other Barks & Bites: Senators Thom Tillis and Patrick Leahy ask the USPTO’s Drew Hirshfeld what the agency will do to enforce patent disclosure requirements at other federal agencies on patent applicants; the Fifth Circuit affirms sovereign immunity for Texas A&M’s athletic department but nixes a qualified immunity defense for (..)

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SpicyIP

MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? Intergrow Brands Pvt.

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SpicyIP

AUGUST 12, 2024

And The Covaxin Patent Saga Continues: BBIL Changes the Patent Application Again After the furor around the missing mention of ICMR in the Covaxin patent application, Bharat Biotech has made two important changes to their application, coincidentally before the Health Minister’s speech in Parliament.

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SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Microsoft Technology Licensing LLC v.

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Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. 16778672 for a figurative mark, applied for by luxury fashion designer, Philipp Plein.”

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SpicyIP

DECEMBER 30, 2023

Delhi High Court] On August 9, the Delhi High Court devised a judicial mechanism to combat novel ways of copyright infringement and issued the first-ever Dynamic+ injunction in favour of Universal City Studios LLC., Universal City Studios LLC and Ors v. DotMovies.Baby and Ors. Warner Bros. Entertainment Inc.,

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SpicyIP

MAY 28, 2023

Calcutta High Court sets aside the rejection order by the Patent Office u/s 3(h) since the same does not explain how the subject application falls under “agriculture.” vs The Controller of Patents and Designs & Anr. sues BCCI, GCA and Gujarat Titans for copyright infringement.

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SpicyIP

DECEMBER 12, 2022

The Plaintiff opposed the Defendant’s application to file additional documents on the ground that if permitted, the Plaintiff would have to admit or deny the same and the proceedings in the commercial suit will thus be protracted. Copyright infringement claims in Kantara Vaha Roopam case dismissed. Other Development.

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SpicyIP

SEPTEMBER 11, 2023

Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled! The court assessed the order and held that the same was passed on objections regarding product claims and the amendment will change the nature of the application but will remain within the scope of patent application.

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SpicyIP

OCTOBER 16, 2023

Syngenta Limited vs Controller Of Patents And Designs on 13 October, 2023 (Delhi High Court) Image from here A Division Bench of the Delhi High Court responded to the questions on divisional applications referred to it by the Single Judge earlier. International IP News Apple settles $1 billion patent lawsuit with Caltech.

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SpicyIP

JULY 22, 2024

Controller of Patents and Designs: Madras High Court quashes unreasoned order of Patent Office Recently, the MHC came down heavily on the Indian Patent Office in Ulm University v. Controller of Patents for its non-speaking order rejecting a patent application. Other Posts Ulm University v.

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SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. To Be or Not To Be (Design): Calcutta HC Sways Against Trend of Denying Design Registrations Over GUIs Image from here Can a GUI be regarded as a Design?

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SpicyIP

AUGUST 14, 2023

Case: Dow Agrosciences LLC vs The Controller of Patents on 7 August 2023 (Delhi High Court) The petitioner filed an appeal against the impugned order rejecting its patent application for Stabilized Agricultural Oil Dispersions. There were various reasons for refusing the application including lack of inventive step.

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SpicyIP

SEPTEMBER 23, 2024

on 11 September, 2024 (Delhi High Court) The plaintiffs sought a permanent injunction for design infringement, accusing the defendants of copying their patented water purifier design and selling identical products under names like “NEW AQUA GRAND+,” which was deceptively similar to their well-known mark “KENT” and other variations.

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SpicyIP

AUGUST 18, 2024

The Controller Of Patents And Design In an important development, the DHC recently clarified that the non-appearance of an applicant does not justify the Controller in deeming their patent application as abandoned. Other IP Developments Lacoste wins 23 old trademark infringement case.

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LexBlog IP

AUGUST 30, 2022

Namely, in Thaler a “creativity machine” (a type of Artificial Intelligence (AI)) output and allegedly conceived the subject matter of a patent application allegedly without human involvement. In both cases, a type of “machine” was used to produce an output. There was no dispute that a human (Mr.

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