It is definitely most refreshing, most reassuring and most reinvigorating to learn that none other than the Supreme Court which is the top court in India while adhering fully, firmly and finally to the well known old adage that, “Example is better than precept” has led from the front in demonstrating most boldly that
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SLP Rejected in Novartis v. Natco: Are Interim Orders not Precedents?
[A big thanks to Praharsh for his inputs on the post.] On 02 August 2024, a three judges bench of the Supreme Court (“SC”), consisting of Justices Dr D Y Chandrachud, J B Pardiwala and Manoj Misra, in the matter of Novartis AG v. Natco Pharma Limited (pdf), dismissed the Special Leave Petition (SLP) over
... Continue Reading.From Bar to Bench: Three Advocates Recommended for the Delhi High Court, with Specific Mention of the IPD in the Collegium Resolution
On August 21, 2024, names of Mr. Ajay Digpaul, Mr. Harish Vaidyanathan Shankar, and Ms. Shwetasree Majumder were recommended for appointment as Judges of the Delhi High Court by the Supreme Court Collegium. The names were recommended to the SC Collegium by the Chief Justice of the Delhi High Court in consultation with the two
... Continue Reading.(GM) Mustard and More: Analysing the SC’s Decision in Gene Campaign v. UOI
On 23 July 2024, the Supreme Court (SC) delivered a split verdict on the commercial sale of Genetically Modified Mustard (GM Mustard) in India in the case of Gene Campaign vs. Union of India and Others. A Division Bench (DB) comprising Justice BV Nagarathna and Justice Sanjay Karol issued two separate judgments. Justice BV Nagarathna
... Continue Reading.Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part II
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
... Continue Reading.SpicyIP Tidbit: Supreme Court Grants Booking.com Permission to Use ‘MakeMyTrip’ as Google Adword – Looking Beyond the 3-Line Order
Image from here [This post is authored by SpicyIP intern Aarav Gupta. Aarav is a third-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading and watching sports.] The very anticipated Google AdWords case has reached a significant juncture in the Supreme
... Continue Reading.Bail Cancellation Plea in High Court Has to Be Listed Before Same Judge Who Granted Bail: Supreme Court
It is quite significant to note that in a major development, we saw how none other than the Apex Court itself in a very learned, laudable, landmark, latest and logical judgment titled Himanshu Sharma vs State of Madhya
... Continue Reading.(SpicyIP Tidbit)Nokia- Oppo SEP Litigation: The Dust (Dispute) Finally Settles!
Template from Nokia’s timeless “hands” commercial (see here) In a major development, all the patent disputes (including the 5G SEP dispute) between Oppo and Nokia stand settled as both parties enter into a cross-licensing agreement. Though the terms of the agreement have not been made public, as reported by Sukanya Sarkar here (paywalled) the agreement
... Continue Reading.Supreme Court Suggests Alternative System for Political Donations Amid Electoral Bond Challenges
In a recent hearing of a batch of petitions challenging the validity of electoral bonds, the Supreme Court proposed the development of an alternative system to address the flaws in the existing electoral bonds system. The case, titled Association for Democratic Reforms and Anr vs Union of India Cabinet Secretary and ors, was heard by
... Continue Reading.Supreme Court Emphasizes Limited Applicability of Police Statements as Evidence
In a recent landmark judgment on October 30, the Supreme Court, presided over by Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, made a significant observation regarding the use of statements made to the police by witnesses as evidence during trial, as exemplified in the case of Birbal Nath vs State of Rajasthan and ors. The
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