Drug Regulation Others

Part I: Seizure of Medicines In Transit #Broad Issues At Play


I write to bring to your notice a World Health Organization (WHO) “Discussion Document” (non-binding) that proposed “possible justifications for an intervention on the ground of public health” with respect to seizures of medicines in-transit. The same is a relevant concern because  transit countries have, in the past, seized drugs meant for other countries solely on account of the drugs violating the transit country’s patent regime.  After a series of seizures of in-transit drugs of Indian origin during the period…


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Trademark

Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court


In a path-breaking development for Indian trademark law, the Supreme Court reiterated yesterday that IP rights are “territorial” and not “global”. The court was deciding a matter involving “Prius”, the brand under which Toyota sells its leading “hybrid” car. The court held that merely because Prius is well known outside India does not mean that it enjoys a “reputation” in India as well. That has to be independently established! The court’s decision is a delight to read, not least because…


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Events

SpicyIP Events: The Prof. T.N. Daruwalla 4th Memorial Lecture, Mumbai


We are pleased to announce that the Intellectual Property Law Practitioners Association (IPLPA) along with The International Association for the Protection of Intellectual Property (AIPPI) is hosting the T.N. Daruwalla 4th Memorial Lecture at 6 p.m. on 19th December, 2017 in Mumbai (M.C. Ghia Hall, Kalaghoda).  This lecture is annually hosted in honour of Prof. T.N. Daruwalla, Advocate & Solicitor, Bombay High Court who was known internationally for his knowledge and work in the field of intellectual property laws. The topic for the lecture this…


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Copyright

Madras HC: Producer’s Right to ‘Communicate to the Public’ Includes the Right to Dub


The Madras High Court, in Thiagarajan Kumararaja v. M/s Capital Film Works and Anr. recently held that the producer of a film has the right to dub that film in any other language, subject to any agreement to the contrary. This is the first time that the Court has explicitly deliberated on the rights of the producer qua the author of the script regarding dubbing of a film. The judgement is available here. Brief Background The writer of the script…


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Trademark

Part II: The “ Sexy Barbie/Baby Girl” Controversy #Mattel #TM Dilution #Camera Hearing (DHC)


Since we have already discussed the issues concerning Mattel’s “in camera hearing” application, we will now be dealing with a more substantive issue i.e. the claim of TM Dilution. But first, the facts. BASIC FACTS (REPRODUCED FROM EARLIER POST) There exists a movie, released on 24th November, called “Tera Intezaar”. The movie wasn’t released at the time of the Order’s issue (22nd November). Said movie consists of a song called “Sexy Barbie Girl”, which was, as is common practice, released…


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Others

SpicyIP Jobs: Research Fellow (Law) at CIIPC, NLU Delhi; Applications Close on December 18


We’re pleased to announce that the National Law University, Delhi is seeking to engage, on a contractual basis, one full-time Research Fellow (Law) for the Centre for Innovation, Intellectual Property and Competition (CIIPC), at its campus in Dwarka, New Delhi. The deadline for sending applications is December 18, 2017. For further details, please read the call for applications below.  Call for Applications – Research Fellow (Law)  Position: The National Law University, Delhi (‘University’) is seeking to engage, on a contractual basis,…


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Others

SpicyIP Weekly Review (December 3-10)


The topical highlight for the week comes from Harshavardhan and Sreyoshi, writing about the Supreme Court’s decision in Patel Field Marshal and Anr. v PM Diesels and Ors. The question before the Supreme Court was whether, upon the institution of a suit for infringement under the Trademarks Act, the remedies for rectification of a trademark under Sections 47 and 57 (before the IPAB) are still available to the litigant, in case the plea of validity has been abandoned by the…


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Patent

Determination of Patent Eligible Subject Matter: A Comparison of US and India


This post compares a current US case law relating to patent eligibility of computer implemented methods and compares with an example Indian case decided by a Controller.  It is startling to see how far the US patent law has come in defining abstract things (US 101) that are not patent eligible.  Let me explain more, for example, the US Federal Circuit has defined that claims dealing with data collection / identification of unwanted files / collection and analysis of information…


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Drug Regulation Patent

Sovaldi Saga Rages On – Malaysia Issues Government Use License Despite Gilead’s Voluntary License Deal


The World Health Organization records that as of October, 2017, 71 million people were affected by the Hepatitis C Virus (HCV), a debilitating virus which attacks the liver. Around 12 million people are affected by HCV in India – about one in every hundred. Just a few years ago, in 2014, the global incidence of HCV reported by the WHO was between 130-140 million. The remarkable decline in the HCV-affected population can probably be attributed to the blockbuster drug, Sofosbuvir….


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Trademark

(SpicyIP Duet) Aten, Hut! The SC Clarifies Law Regarding Rectification Proceedings


 (This post was co-authored by Harshavardhan Ganesan and myself. Long post ahead.) On 29th November, the Apex Court, by way of an SLP, conclusively settled (or did they? *dramatic music*) an extremely important question regarding TM rectification proceedings. The order, available here, appears to be comprehensive, well-reasoned, and one which provides for much needed judicial clarity on an important piece of legislation. However, at the risk of contempt, we found that the order gets quite befuddled at the end. So,…


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