Drug Regulation Others Patent

Reliance Life Sciences Scores Minor Victory in Continuing Litigation over Trastuzumab Biosimilars

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An appeals bench of the Delhi High Court finally heard and disposed, last month, an appeal filed by Reliance Life Sciences in 2016, against an order that Justice Manmohan Singh had delivered in a lawsuit filed by Genentech. Since this is a strange case, it is necessary to recap the origins of this lawsuit. Around 2013, Biocon, Mylan and Glenmark were circling around Genentech’s patents and pending patent applications over the biologic Trastuzumab, that is sold under the brand name…


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Others

SpicyIP Review (September 23 – October 13)

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Thematic Highlight  In her first submission, fellowship applicant Akanshha Agrawal wrote on the free speech, morality and trademark law debate in light of the recent Iancu v Brunetti decision of the Supreme Court of the United States. She discussed the implications of the decision to strike down the ground of immorality to refuse trademark registration, including concerns overuse of racial slurs in trademarks. She also noted the use of ‘Urban Dictionary’ as evidence in the case. In the next part…


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Copyright Privacy

CJEU Endorses ‘Notice and Stay Down’ For Illegal Online Content

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In a major ruling on October 3, 2019, the CJEU in Case C-18/18 – Eva Glawischnig-Piesczek v Facebook Ireland Limited, held that national courts may direct injunctions against online content-hosting intermediaries like Facebook, which require the intermediary to block the specific content globally, as well as blocking identical or equivalent content or information. This marks a crucial turn in online content regulation in the EU, as it explicitly endorses a ‘notice-and-stay down’ standard for content removal, and endorses upload filters…


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Events

Call for Abstracts: Second IP & Innovation Researchers of Asia Conference [Jakarta, Feb 27-28, 2020]; Submit by Oct 30

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We are pleased to inform our readers that the Second IP & Innovation Researchers of Asia Conference will be held on February 27 & 28, 2020 at the Faculty of Law, Universitas Indonesia, in Jakarta, Indonesia. The deadline for submission of the request to present a paper and the abstract is October 30, 2019. For further details, please read the post below: Second IP & Innovation Researchers of Asia Conference February 27-28, 2020 The IP & Innovation Researchers of Asia (IPIRA) Network is…


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Geographical Indication

SpicyIP Fellowship 2019-20: DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges

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We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal on the Draft Guidelines on Geographical Indications Logo and Tagline released by DPIIT in June this year. Akanshha is a 3rd year student at National Law University, Delhi. This is her second submission for the Fellowship. Part I of her first submission can be viewed here.     DPIIT’s Draft Guidelines on Geographical Indications Logo and Tagline: Issues and Challenges Akanshha Agrawal In India, Geographical…


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Patent

Patent Office Publishes A New List of Scientific Advisors After 9 Years

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[This post has been co-authored with Bhavik Shukla, a 5th year student at National Law Institute University (NLIU), Bhopal.] The Patent Office released a list of newly enrolled/ retained scientific advisors last month. A total of 37 advisors have been included in the list, out of which 22 scientific advisors have been retained from the previous list published in 2010. Section 115 of the Patents Act, 1970 (‘Act’) grants a court (hearing matters under the Act) the power to appoint…


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Publication

Call for Papers: NUALS Intellectual Property Review (Vol. 2) [Submit by Dec 15, 2019]

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We’re pleased to announce that the NUALS Intellectual Property Law Review, operating under the aegis of the Centre for Intellectual Property Rights (CIPR), NUALS, is inviting submissions on the contemporary issues related to intellectual property rights for publication in the second volume of the journal. The deadline for submissions is December 15, 2019. For further details, please read the call for papers below:  Call for Papers: NUALS Intellectual Property Review (Vol. 2) The NUALS Intellectual Property Law Review is a…


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Overlaps in IP Privacy

Just (Let) Google (Do) It: Updates on the Right to Be Forgotten from the European Union

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In two significant judgements made on September 24, 2019, the top court of the European Union, the CJEU, has deliberated upon the scope of the delisting and de-indexing requirements (otherwise known as the Right to Be Forgotten (‘RTBF’)) to be followed by search engine operators under the EU’s data protection laws, including the Data Protection Directive as well as the more recent General Data Protection Regulation. In Google v CNIL, the Court has held that EU law does not require…


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Others

Justice Ravindra Bhat Appointed to the Supreme Court of India

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In a bit of good news, in an otherwise bleak time for Indian IP, Justice Ravindra Bhat was recently appointed to the Supreme Court of India. For the last 15 years Justice Bhat served as a judge of the Delhi High Court (and a few months as the Chief Justice of the Rajasthan High Court) where he delivered a number of landmark judgments in IP, starting with his famous judgment in the Roche v. Cipla patent infringement battle where he…


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Trademark

SpicyIP Fellowship 2019-20: FUCT the USPTO? – Revisiting the Free Speech, Morality and Trademark Law Debate (Part I)

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We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal. Akanshha is a 3rd year student at National Law University, Delhi. This is her first submission for the Fellowship. In the first part of this two-part post, Akanshha discusses the recent US Supreme Court judgment in Iancu v. Brunetti, which held the Lanham Act’s ‘immoral or scandalous’ bar on the registration of trademarks to be unconstitutional. In Part II of the post, she analyses the…


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