SpicyIP Weekly Review (September 11- September 17)

"SpicyIP" logo in orange and black with a chilly instead of the word "Spicy" and the words "Weekly Review"

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.  

Highlights of the Week

Hypothetical example of Nexavar's Form 27 re-done as per proposed amendment. It has the patent number, and a tick mark in the "Worked / Not Worked" section. No other details of the patent are mentioned in the form.

Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place

Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules. In this co-authored post Swaraj and Praharsh argue how the draft rules are against the spirit of some of the substantive flexibilities within the Patents Act and ignore the precedents underlying the importance of these provisions. Comments on the draft rules are invited by the ministry and are due by September 22.

Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India

Word "AGENT" with a "TM" superscript.
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The Delhi High Court recently questioned the Controller’s office regarding mechanisms for the governance of patent and trademark agents. Lokesh dives into this issue and argues that there already exists such a mechanism under Patent and Trademark law albeit mostly unused.

SpicyIP Tidbit: Putting An End To The Delhi Curfew, 18th G20 Meeting Releases its Aspirational Declaration!

The recently released Declaration includes commitments on protecting Cultural Heritage and introducing Digital Public Infrastructure (DPI) in LMCs. Read this SpicyIP tidbit from Gaurangi to know more!

Other Posts

Journey Through “Augusts” on SpicyIP (2005 – Present)

Continuing the SpicyIP Flashbacks series, Lokesh pored over the posts published in “Augusts” (from 2005 to the present) with some interesting anecdotes on transparency & bias, the MHRD/DPIIT IP Chairs, Counterfeit Goods, Whistleblower Act and India’s continued problems with drug regulation!

Word "August" on top of a scene depicting a beach with a person, sitting on a chair, reading a book under an umbrella.
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SpicyIP Tidbit: CGPDTM Issues Public Notice Limiting the Access to Trademark Public Search and E-Registry Features

The TM Public Search and E-Register features on the IP India website will be unavailable from 10 AM to 4:30 PM starting 14 September.

SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

The Trademarks Agent Exam is likely to take place on January 6, 2024, and the Patent Agent Exam is likely to take place on January 7, 2024.

[Sponsored] Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9)

We’re pleased to bring to you a sponsored post by UNH Franklin Pierce School of Law about its Associate Dean for Administration and Enrolment’s visit to India. 

Case Summaries

Pernod Ricard India Pvt. Ltd.  v. Gagan Wine Trade and Financers Ltd. on 13 September, 2023 (Delhi High Court)

Imperial Blue whiskey bottle along with the packaging material and a filled glass of whiskey with ice cubes.
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Delhi High Court decreed the suit in favor of the plaintiff wherein the defendant agreed to modify the packaging, colour and the writing font for its ‘Imperial Vat No. 1’ whiskey.

F. Hoffman La Roche Ltd. v. Drugs Controller General of India and Others on 11 September, 2023 (Delhi High Court)  

Delhi High Court rejected Cadila and Hetero’s application to dismiss the suit regarding Trastuzumab and Bevacizumab. The plaintiff has contended that permission for pre-clinical or clinical trial protocol and manufacturing authorization granted to the above companies for biosimilar versions of Trastuzumab and Bevacizumab should be invoked for the attempts sell of their drugs as biosimilars without conducting necessary tests. The court held that the plaintiff has a cause of action and refused to dismiss the suit.

Brihan Karan Sugar Syndicate Pvt. Ltd. v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana on 14 September 2023 (Supreme Court of India)

Upholding the impugned interim order by the Bombay High Court, the Supreme Court reiterated that for establishing goodwill of the product a party must prove not only the figure of sales but also the expenses incurred in the promotion of the product and that acquiescence is a valid defence against copyright infringement.

Living Media India Ltd. v. Aabtak Channel.com(John Does) and Ors. on 06 September 2023 (Delhi High Court)

Aaj Tak logo with the words "Aaj Tak" written in Hindi on a red background.
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Delhi High Court decreed the suit in favor of the plaintiff against 24 defendants and passed an interim injunction against 5 defendants, restraining them from using the impugned “Tak” marks which were held to be deceptively similar to the plaintiff’s “Aaj Tak” family of marks.

HT Media Limited v. Super Cassettes Industries Ltd. on 13 September, 2023 (Delhi High Court)

Delhi High Court allowed the petitioner to file a rejoinder subject to payment of INR 1 lakh as costs. The petitioner sought an adjournment to file a rejoinder, but the court observed that the petitioner has neither filed a rejoinder even after 12 years since the date of the respondent’s reply nor has approached the respondent for settlement. However, the court allowed one last opportunity to the petitioner owing to the recent developments in the fixation of tariffs/ rates.

Other Developments

International Developments

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