Drug Regulation

The Ethics of Early Access to Experimental Drugs Like Bedaquiline That Have Not Yet Completed Phase III Trials

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Following my criticism of an opinion piece in the Hindu by R. Prasad for his recommendation to ramp up access to bedaquiline without tackling the ethical issues regarding the flawed informed consent form for bedaquiline, he published a news report in yesterday’s Hindu on the ethics of denying early access to bedaquiline. Titled ‘Unethical to withhold bedaquiline while waiting for Phase III results’, he cites Dr. Karin Weyer at the World Health Organisation (WHO) who claims that it would be…


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Others

SpicyIP Weekly Review (October 8-14)

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Thematic Highlight  Rishabh wrote a post on Twitter’s Terms of Service. In his post, he states that agreeing to the licensing clause in the Terms gives Twitter the license to use the uploaded copyrightable content in any manner they deem fit. He finds that certain portions of the clause would be found unenforceable under the law of assignment in India. He also points to the possibility of infringement of users’ moral rights since, under the Terms, Twitter is given the…


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Copyright Others

Delhi High Court Once Again Tackles the Issue of IP in Customer Lists – Delivers a Solid Judgment in Favour of Employees

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An issue which keeps popping up in Indian litigation is whether it is possible for employers to restrain former employees from using customer lists after leaving employment. These legal actions are usually based in copyright law or contractual agreements that have clauses on confidentiality and restraints against post-employment competition. In a recent judgment by Justice Endlaw, in the case of Navigators Logistics Ltd v. Kashif Qureshi & Ors. the above issues are decided in favour of former employees in a…


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Copyright

On How the Stairway to Heaven Dispute Dealt with Proof of Access and the Inverse Ratio Rule

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Last week’s decision of the US Ninth Circuit Court of Appeals to remand for a new trial in the famous Skidmore-Led Zeppelin dispute created quite a controversy. The litigation revolves around the popular Led Zeppelin rock song, Stairway to Heaven, which was allegedly copied from Taurus, a song written by the Spirit band member, Randy Wolfe. The lawsuit was brought by Michael Skidmore (trustee of Wolfe’s Trust), claiming that “Led Zeppelin needs to do the right thing and give credit where credit…


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Others

SpicyIP Events: 4th IPScholars Asia Works-in-Progress Conference [January 30-31, 2019; Singapore]

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We’re pleased to announce that The Advanced Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University will be holding the 4th edition of its Annual IP Scholars Asia Works-in-Progress Conference on January 30-31, 2019. The deadline for submission of paper proposals is October 17, 2018. For further details, please read the announcement below. SpicyIP Events: 4th IPScholars Asia Works-in-Progress Conference [January 30-31, 2019; Singapore] Singapore Management University is pleased to announce that the 4th edition…


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Drug Regulation

The Ministry of Health Is Yet to Communicate with J&J on the ASR Hip Implant Issue

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For the last few months, the Indian media has been doggedly tracking the J&J hip implant scandal. To briefly recap the main facts, the company sold its new ASR hip implants to around 4,700 patients between 2006 and 2010. Around 2010, J&J decided to withdraw the implants from the market because of quality issues with the product that threatened patient safety. One of the issues debated in the press is the need to compensate the patients. After unprecedented patient activism…


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Copyright

Daylight Robbery: How Twitter Owns Everything You Upload

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Every time I agree to terms and conditions or software licensing agreements without reading them, I spend a brief moment feeling guilty. As if I had just betrayed the profession that I am about to enter. In hindsight, perhaps I ought to have spent a bit longer to read them because there seems to be a lot that slipped by in Twitter’s Terms of Service. Our friends at IPKat recently carried a post concerning a decision of a Paris Tribunal…


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Others

SpicyIP Weekly Review (October 1-7)

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This week on SpicyIP… Mathews wrote a post on the recent Madras HC decision in Kajal Aggarwal v. VVD & Sons. The court held that a producer can exploit a cinematograph film for the statutorily sanctioned 60 years despite a contract to the contrary. Mathews argues that a wiser course of argumentation for the appellants may have been to rely on IP jurisprudence, arguing that reducing the time-period of the copyright to 1 year would improve access for the public,…


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Trademark

SC on Passing Off and Delays

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In a recent decision, Wockhardt Limited vs. Torrent Pharmaceuticals Ltd., a 2-Judge Bench of the Supreme Court clarified certain important principles of passing off of trademarks and delays and acquiescence.  Factual and Procedural Background Pharmaceutical company, Torrent (“Plaintiff/ Respondent”) owns branded drugs named “CHYMORAL” and “CHYMORAL FORTE”. These drugs are used to alleviate swellings and wounds which may occur post-surgery. Rival company, Wockhardt, (“Defendant/Appellant”) started selling products under the name of “CHYMTRAL FORTE”, thereby merely substituting the letter ‘T’ with…


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Trademark

Skechers USA v. Pure Play Sports – Implications of Actual Costs and Taxation of Costs – A Notable And Welcome Change In the IP Regime

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We’re pleased to bring to you a guest post by Abhimanyu Chopra. Abhimanyu is a Senior Associate at AZB & Partners. He has obtained his B.A. LL.B. (Hons.) degree from Amity Law School, New Delhi and his LL.M. degree from New Law College, Pune and is currently pursuing his PhD in Cyber Law from Amity Law School, Noida. He is also a qualified cyber forensics expert. He is currently practicing in the area of commercial litigation and arbitration with special focus…


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