Drug Regulation Patent

XTANDI Updates: Cancer Union and 56 others request UCLA to back down from Delhi HC review of IPO’s patent rejection order; Delhi HC refuses to hear the matter on priority

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In a positive development, the Union for Affordable Cancer Treatment (UACT), along with 56 other organizations, has requested the University of California (UCLA) to withdraw from its proceedings before the Delhi High Court against the IPO’s rejection of its patent[1] in XTANDI. In its letter dated 24th May 2017, UACT reminds UCLA that its research for the blockbuster drug for prostate cancer was supported by US taxpayer dollars through the National Cancer Institute at the National Institutes of Health and…


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Copyright Patent

Qu-IP: Patents are a remote juridical island…best left to its savage inhabitants!

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Continuing our long lost QU-IP series, here comes a rather quirky one from Lord Jonathan Sumption. “But there have been two occasions in my professional life when I have been shaken in my view that it is all just law. One was my only foray, as Counsel, into patent litigation. I will not trouble you with this unhappy story. It persuaded me that chemical patents at least were a remote juridical island, best left to its savage inhabitants.” Sumption was…


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Designs Overlaps in IP Trademark

Passing Off and Design Infringement: The Conflict

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A few days ago, I had discussed a Bombay HC Order involving Cello and Modware. Justice Patel had provided relief to Cello on account of Cello successfully establishing, prima facie, both passing off and design infringement. Prashant, after reading the piece, put forth the following query: “If the design of the bottle is acting as an indicator of source, doesn’t it follow that it can be registered as a trademark which means it is incapable of being registered as design because it falls…


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Events

SpicyIP Events: 6th Annual IP Teaching/Research Workshop, 2017

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We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC), National Law University, Delhi and Centre for Intellectual Property Rights & Advocacy (CIPRA), National Law School of India University, Bangalore are organising the 6th Annual IP Teaching/Research Workshop, 2017 on July 2-3, 2017. For further details, please read their post below: Centre for Innovation, Intellectual Property and Competition (CIIPC) National Law University, Delhi & Centre for Intellectual Property Rights & Advocacy (CIPRA) National Law School of India University, Bangalore VI…


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Patent

The (un)patentability of microbiological processes – A drafting error or considered policy?

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While researching for a paper that I am currently writing, I stumbled along a rather strange issue regarding the patentability of microbiological processes. The root of the issue traces back to Article 27.3 of TRIPS. This provision allows member-states to exclude from patentability certain subject matter such as plants, animals and essentially biological processes, with the caveat that member-states will still have to protect micro-organisms and microbiological processes under their national patent laws. The relevant wording of Article 27.3 reads…


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Others

SpicyIP Weekly Review (May 14 – 20)

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Prashant brought us our topical highlight of the week – a post on the announcement by the Department of Industrial Policy and Promotion (DIPP) of their deal with the World Intellectual Property Organisation (WIPO) to establish Technology and Innovation Support Centres (TISC) in India. TISCs are meant  to provide innovators in developing countries with quality technology, information and related services to help them create, protect and manage their intellectual property. Prashant questions this deal – as the DIPP could have…


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Trademark

Calcutta HC Allows Spartan Online to Use ‘thespartanpoker’ in Domain Name Spat

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The Calcutta High Court, on the 12th of May, allowed Spartan Online to use the domain name ‘www.thespartanpoker.com’ in Rajat Agarwal v. Spartan Online (read the order here). Glaws had previously covered this dispute in March – read here. This is an interesting order, both for the observations on the law governing domain names, and for the parties involved. Read our previous posts on domain names here. Factual Background The Plaintiffs and the Respondents had entered into a joint venture…


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Copyright

SpicyIP Fellowship 2017-18: Kaun Banega Copycat: Sony Takes One Plus To Court

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We are pleased to bring to you a guest post by our Fellowship applicant, Sreyoshi Guha. Sreyoshi is a 4th year student at Symbiosis Law School, Pune. This is her third submission for the Fellowship. Kaun Banega Copycat: Sony Takes One Plus To Court Sreyoshi Guha Over the last month or so, the IP community has been abuzz with news and events that have culminated in interesting debates and discussions on the blog itself. Somewhere amidst all of the hustle, a…


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Innovation Patent

DIPP forgets about NIIPM & Indian law firms, signs deal with WIPO

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Earlier this month, the Department of Industrial Policy and Promotion (DIPP) announced that it had signed a deal with the World Intellectual Property Organisation (WIPO) to establish Technology and Innovation Support Centres (TISC) in India. According to the press release put out by the DIPP, the TISCs are meant to provide innovators in developing countries with high quality technology, information and related services to help them create, protect and manage their intellectual property. As per the same press release, once…


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Designs Trademark

Cello v. Modware #Design Infringement #Passing Off

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I write to bring you an analysis of a Bombay HC Justice Patel Order that discusses passing off and design infringement in a mind-bogglingly interesting context… two water bottles. While being incredibly clear at times, the Order was equally ambiguous at places. I shall point these “ambiguities” out over the course of this piece and would be incredibly grateful if readers could shed some light. All assertions of law I make in this piece have been sourced from Venkateswaran on…


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