Breaking news: Cipla succeeds in revoking Pfizer / Sugen’s patent on Sunitinib

/ By / Drug Regulation

The Patent Office in a recent post grant opposition proceeding brought by Cipla against Pfizer / Sugen’s patent on the drug  Sunitinib, revoked Indian patent IN209251.  The drug Sunitinib is used to treat diseases caused by abnormal protein kinase activity. Interestingly the patent was revoked primarily on the ground that it lacked an inventive step (Section 2(1)(j)).  Pfizer / Sugen had earlier succeeded in defending a compulsory license (CL) proceeding earlier for the same patent.  The CL proceeding was withdrawn by […]

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TKDL poised to draw first blood before Indian patent office; long road ahead

/ By / Uncategorized

Finally, almost thirteen years after it was first conceptualized, the Traditional Knowledge Digital Library (TKDL) is on path to having an Indian TK related patent application, filed by an Indian citizen, being struck down as non-patentable.  I’d like to take a small slice of credit for this particular case because this was a case I had pointed out on the blog earlier this year, as a part of a series of posts on the TKDL. The focus of those posts

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ICANN set to change the topography of the internet

/ By / Uncategorized

Mr Arun Mohan had written a guest post for us back in 2011 when ICANN (Internet Corporation for Assigned Names and Numbers) announced they would liberalise the gTLD system. I am writing this post is to substantiate the developments of that announcement, but first to back up a bit and explain the background to this. (Warning: in analysing and predicting the growth of the internet, I may have used more space on the internet than our standard posts with this

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Call for Papers: Christ University, Law Journal

/ By / Uncategorized

With great pleasure, The Journals and Publications Society, School of Law, Christ University, invites contributions on contemporary issues of law from legal professionals, activists, academics and students for the second issue of its biannual peer-reviewed, Christ University Law Journal (CULJ), ISSN 2278-4322, to be published in January 2013. SUBMISSION GUIDELINES 1. Submissions would be entertained under the following heads: ·         Articles: 6,000- 10,000 words (inclusive of footnotes) ·         Case Comments and Book Reviews: 2,000-4,000 words (inclusive of footnotes) ·         Legislative

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A Glass and a Half full of Purple Joy: Cadbury wins Trademark Battle against Nestle

/ By / Trademark

(Image from here)While the “Glass and a half full of joy” catchphrase is no longer being sported by Cadbury, the followers of Spicy IP, who have a sweet tooth, must be aware of the purple packaging that the chocolate giant has made famous throughout the years. The same has also been the subject matter of a recent trademark battle between Cadbury and arch rival Nestle before the Birmingham High Court.   As far back as 2004, Cadbury had applied to

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EBC granted injunction against Lexis Nexis for infringement of copyright

/ By / Copyright

Last month we had blogged about the interim injunction granted in favour of Eastern Book Company (EBC) restraining Thomson Reuters (including Westlaw and Indlaw) from infringing the copyright in their law report Supreme Court Cases (SCC). In a further development, EBC has now been granted an interim injunction against LexisNexis India (including LexisIndia) and Butterworths by an order dated 22 September 2012 issued by the District Judge of Lucknow.   As with the previous order the court held based on

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Novelty of Design: Tarun Sethi v. Vikas Budhiraja

/ By / Uncategorized

Name of the case: Tarun Sethi & Ors. v. Vikas Budhiraja & Ors. [Delhi High Court CS(OS) 1841/2008] Date of judgment: August 6, 2012 Bench composition: V.K. Jain, J. Facts of the case: Plaintiffs 1 & 2 were running a partnership firm manufacturing and selling hardware like door closers, spring hinges, etc. One of these products is a door spring being sold under the trademark ‘YEN’. As per the plaintiffs, the design of the spring, consisting of a unique capsule

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Guest post: Jannat 2 – Producers far from Angelic

/ By / Copyright

We bring you another exciting guest post by Kruttika Vijay on copyright issues arising from the movie Jannat 2. The facts of the case, Kapil Chopra v. Kunal Deshmukh, could well be the plot of any successful Hindi movie. [editor’s note: The case is available here] Spoiler alert! A young scriptwriter narrates script to a well known film house. The film house shows interest in the script. And then there’s silence. A year later, there are promos of a new

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SpicyIP Weekly Review (September Week 4)

/ By / Uncategorized

A two-judge bench of the Supreme Court earlier this month made critical remarks on the government’s failure to finalize the drug policy pending since 2003, calling it a ‘slur on the face of all stake-holders’. Following this, the Group of Ministers held meetings to consider a retail pricing mechanism for essential drugs. It was agreed that the prices of 348 drugs set out in the National List of Essential Medicines (NLEM) will be covered under the policy. The drug policy is vital

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Access to Knowledge Platforms and Collaborative Ventures starting to get their due?

/ By / Uncategorized

(Image taken from here) “It is no good to try to stop knowledge from going forward. Ignorance is never better than knowledge.” –The thinker who’d come up with these immortal words, Enrico Fermi, would have been glad to hear about the current tidings in India, vis-à-vis ventures relating to access to knowledge. In the past few days, as many as three separate events have caught the eyes of the Spicy IP team that promises the development of a promising new

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