SpicyIP

As we move to the cusp of the new year, here’s to wishing our readers a very happy and healthy year ahead! In line with our annual tradition, we take stock of the top IP developments that occurred in 2023. https://lnkd.in/dmpkwuQV

Recently a division bench of the Delhi HC assessed 'likelihood of confusion' in trademark disputes concerning intimate (labelled as "hush") products. Bhuwan Sarine analyses the order in his post below. #HushProducts #Confusion #Trademarks #DeceptiveSimilarity #SpicyIP https://lnkd.in/gnj4HYbJ

UCLA professor Lucina Udwin recently filed an explosive lawsuit at a US District Court, assailing a host of anti-competitive practices long-prevalent in academic publishing. What does this imply for the future of the Open Access Movement in light of the ongoing infringement disputes globally and in India? Samridhi Chugh, closely examines this question from the lens of this pivotal development. #OpenAccess #AntiTrust #AcademicPublishing #SpicyIP https://lnkd.in/gsid2ZMg

New addition to the IPD Club as Himachal Pradesh High Court notifies its IPD Rules, making it fourth HC after Delhi, Madras and Calcutta. Read Md Sabeeh Ahmad's post on this development below. #IPDRules #HimachalPradeshHighCourt #IPD #IPR #SpicyIP https://lnkd.in/gBWas9SS

Taking the discussion on Section 3(k) and algorithms forward, Bharathwaj Ramakrishnan writes on the Court’s new test for inventions incorporating algorithms and explores what exactly is the distinction between Computer Programmes and Algorithms. #Patents #Algorithms #Section3k #PatentsAct #Blackberry #Ericsson #SpicyIP https://lnkd.in/gbtsQ4fe

Highlighting the perks of registering a mark in grayscale over colour, Samridhi Chugh examines the justification behind the overly broad protection given to grayscale trademarks and identifies the problems with it. #Colour #Grayscale #Trademarks #Registration #SpicyIP https://lnkd.in/gvpUruFx

Permitting the appellant to amend their broad claims, the DHC recently allowed an appeal against the Controller's refusal order. Discussing the Court’s observations on the guiding principles of claim amendments, Yogesh Byadwal connects the decision with the broader debate emanating from the DHC on the issue of amendments to patent application. #Claims #Amendments #Patents #IPO #DelhiHighCourt #SpicyIP https://lnkd.in/gHAQPBfV

Here is our recap of last week’s top IP developments including summary of the posts on the lack of participation by academics in court proceedings, Patent Controller’s order on patent of addition, and Delhi High Court’s decision on latching and passing off. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. #IP #Updates #SpicyIP #WeeklyReview https://lnkd.in/gJZfH3AK

Continuing the discussion on the participation of IP academics in court proceedings India, in Part II, Lokesh Vyas shares two hypotheses for this problem of limited participation and raises critical questions that call for deeper empirical and theoretical investigation. #IPEducation #IPPolicy #LegalEducation #SpicyIP https://lnkd.in/g3PjnKa4

Why is the involvement of Indian IP academics in judicial process so rare? In this two-part post, Lokesh Vyas examines the legal framework governing academic participation in the judicial process, tracing its roots to Soviet-inspired codes. #IPEducation #IPPolicy #LegalEducation #SpicyIP https://lnkd.in/gdPYBcQn