Patent Plant Variety Protection

Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims?


We are pleased to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. We had earlier published two guest posts by him here and here. Monsanto vs. Indian Seed Companies: Enforcement of Rejected Patent Claims? Essense Obhan As has already been reported on SpicyIP and the mainstream media, Monsanto and Indian seed companies are involved in a series of lawsuits against each other…


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Copyright

Authors’ Alliance Files Brief in Favour of Access to Course Packs


Authors’ Alliance (“Alliance”), a non-profit coalition that supports “authors who write to be read”, has filed an amicus curiae brief in Cambridge University Press et al v. JL Albert et al, supporting the non-profit use of academic works as part of course packs  The brief was submitted by the Alliance in an appeal filed by Cambridge University Press (CUP) against the decision of the district court for the Northern District of Georgia (“District Court”), which ruled in favour of the…


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Copyright Trademark

Copyright Board to be Taken Over by IPAB Under the Finance Bill, 2017 Passed by the Lok Sabha


In a surprising development, the Copyright Board is set to be merged with the Intellectual Property Appellate Board (IPAB) under the Finance Bill, 2017 that was passed in the Lok Sabha yesterday. This merger comes along with merger of seven other tribunals (including the Competition Law Appellate Tribunal and the Cyber Appellate Tribunal) with other existing tribunals, all of which were proposed by the amendments to the Bill moved by the Finance Minister Arun Jaitley on Tuesday. The Bill seeks…


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Others Sponsored

Launch of EIPIN Innovation Society Project: 15 Fully-Funded PhD Positions


We are pleased to remind our readers that the European IP Institutes Network (EIPIN) will soon be launching the EIPIN Innovation Society project that sets up a European Joint Doctorate programme. EIPIN is recruiting 15 PhD candidates for this programme, who will be conferred a joint or double doctoral degree from two of the five participating universities at the end of the programme. The deadline for applications is March 29, 2017, 23.59 CET. The details of the project are outlined in…


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Copyright

The Ilayaraja-SPB Copyright Dispute – Why the Big Fuss?


As has been reported by multiple news outlets there is a copyright dispute brewing between Ilayaraja and SP Balasubramanyam (SPB), both of whom are national treasures. While Ilayaraja is a music composer, SPB is a singer. Currently on an international tour giving performances around the world, SPB posted an update on his Facebook page informing his fans that he had received a legal notice from Ilayaraja demanding royalties for performing his compositions during the tour. In the same post, SPB…


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Drug Regulation

Delhi High Court Grants Biocon-Mylan Permission to Market New Biosimilar For Additional Indiciations


As reported in the Economic Times on March 4, 2017 a Division Bench of the Delhi High Court has passed an interim order allowing Biocon and Mylan to market their biosimilar of Roche’s drug, Herceptin, for two additional indications: early breast cancer and metastatic gastric cancer. (Although this order was passed on March 3, 2017 it took the High Court’s registry almost 13 days days to make available the order on its website. It is not clear why it took…


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Others

SpicyIP Weekly Review (March 12-18)


Last week saw the blog carrying a number of important developments from the Indian IP landscape. Although each story vied strongly to be the weekly highlight, the topical highlight of the week has to be the fellowship entry covering Delhi High Court’s order upholding the interim injunction granted by a single judge against Cipla for manufacturing the drug, ‘Indaflo’, in violation of Novartis’ patent over its drug ‘Indacaterol’.  The order assumes significance as it marks a set back to the…


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Copyright

Delhi High Court Holds Cable Operator Liable for Copyright Infringement; Imposes Punitive Damages Worth 5 Lakh


On this Blog, we have extensively covered the issue of the Delhi High Court’s tendency to award punitive damages without indicating the legal basis for such awards as well as the court’s propensity to grant such damages on the basis of the ipse dixit of the plaintiff without spelling out the methodology employed for arriving at a given figure. More specifically, we have noted how the court adopted a flawed arithmetic for awarding punitive damages in the Sholay case, the…


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Publication

Socio-Legal Review Launches Its Online Companion/Blog, the Socio-Legal Review Forum


We are pleased to inform our readers that the Editorial Board of the Socio-Legal Review has launched its online companion/blog, the Socio-Legal Review Forum. The Board’s announcement reads as follows: Since its inception in 2005, SLR has strived to further the discourse on the intersection of law and society. Over the past decade, it has provided both students and scholars a platform to engage with socio-legal matters relevant in the South Asian context. Since it became a biannual publication in 2012, it has produced a…


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Patent

SpicyIP Fellowship 2017-18: Del HC Upholds Interim Injunction Against Sale of Cipla’s Copy of Novartis’ Respiratory Drug ‘Onbrez’


We are pleased to bring to you a guest post by our Fellowship applicant, Shweta Rankhambe. This is her first submission for the Fellowship. In this post she discusses the Delhi High Court’s recent judgment upholding an injunction order passed by the Single Judge in 2015 which temporarily restrained Cipla from manufacturing and selling a generic version of Novartis’ patented respiratory drug ‘INDACATEROL’ (sold as ‘Onbrez’). The judgment is significant in that it acknowledges ‘public interest’ as a separate factor…


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