Trademark

Pay/‘Pe’ Charcha: Delhi High Court’s Decision in PhonePe v. BharatPe Trademark Dispute

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We’re pleased to bring to you a guest post by Abhinav Hansaraman, analysing the interim order recently issued by the Delhi High Court in a trademark infringement dispute between online payment apps PhonePe and Bharatpe. Abhinav is a 5th year student at the National Law University, Delhi. Pay/‘Pe’ Charcha – Delhi High Court’s Decision in PhonePe v. BharatPe Trademark Dispute Abhinav Hansaraman On 15th April, a single judge bench of the Delhi High Court decided an interim application in a…


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Copyright

Freedom of Panorama: Analysing the Term ‘Permanently Situate’ under the Copyright Act

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We’re pleased to bring you a guest post by Priya Garg, Ghanavi Umesh and Rishika Agarwal, analysing the meaning of the term ‘permanently situate’ as used in sections 52(1)(t) and (u) of the Copyright Act which provide for freedom of panorama. Priya is an Assistant Lecturer at Jindal Global Law School, Sonipat. She holds a Bachelor of Civil Law (BCL) degree from the University of Oxford and B.A. LL.B, (Hons.) degree from NUJS, Kolkata. Ghanavi is a 2nd year student…


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COVID-19 Trademark

Bombay HC Rejects Injunction Plea in Passing Off Action against Serum Institute of India for the ‘Covishield’ Mark

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Recently, a Nanded-based pharmaceutical company, Cutis Biotech (‘Cutis’), had filed a passing off suit against Serum Institute of India (‘SII’) for the use of the mark ‘Covishield’. SII has been using the mark for the vaccines manufactured by it while Cutis has been using it for its products such as sanitisers and disinfectants. We had earlier informed our readers about the initial suit filed by Cutis in the Nanded District Court. The suit was subsequently filed in a Pune commercial…


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COVID-19 Patent

In Major Turnaround, US Announces Support for IP Waiver of Covid Vaccines

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Late last night, the new US Trade Representative Katherine Tai, announced that the Biden-Harris administration is now supporting the waiver of IP protections for Covid-19 Vaccines. The short statement is available here and I reproduce it in full below: United States Trade Representative Katherine Tai today released a statement announcing the Biden-Harris Administration’s support for waiving intellectual property protections for COVID-19 vaccines. “This is a global health crisis, and the extraordinary circumstances of the COVID-19 pandemic call for extraordinary measures….


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COVID-19 Drug Regulation Patent

Delhi HC Issues Order on Tocilizumab Shortage, Seeks Patent Working Information from Roche

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This evening, the Delhi High Court passed an interim order issuing important directions on the shortage of the drug Tocilizumab in Delhi hospitals. The case arose from a petition by the brother of a Covid-19 patient, who had been prescribed a tocilizumab injection (Actemra 400g) by the doctor, but could not be administered the same due to the unavailability of the drug. Owing to the rapidly deteriorating condition of the patient, the petitioner had approached the court with the urgent…


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COVID-19 Drug Regulation Patent

Natco Files Compulsory Licence Application for Covid Drug Baricitinib

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pic of package cover for olumiant baricitinib

In an interesting development, Natco has approached the Controller of Patents for a Compulsory Licence under Section 92 of the Patents Act, for the drug Baricitinib. The 12 page application is available here. Baricitinib is generally used to treat diseases like rheumatoid arthritis and has been “reportedly approved” (as per the application) for such use in EU and India in 2017 and 2018 respectively. The application goes on to quote studies that indicate the Baricitinib in combination with Remdesivir is…


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COVID-19 Drug Regulation Patent

SC Issues Interim Order in Suo Motu COVID-19 Case: Raises Questions on Vaccine Procurement Process, Compulsory Licensing and More

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A couple of days ago, I wrote about the Supreme Court’s first hearing in the suo motu Covid-19 case that took place on 30th April, discussing the questions raised by the bench. The interim order resulting from this hearing is now out. The order discusses the implementation of the Disaster Management Act, medical infrastructure, oxygen supply, vaccines, compulsory licensing, and supply of essential drugs. The court has examined the existing government policy on these issues and then asked questions and/or…


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COVID-19 Patent Trade Secret

NLU Delhi’s Online Panel Discussion on ‘IP and the Pandemic’ [May 5]

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We’re pleased to inform you that the DPIIT IPR Chair at NLU Delhi is organising an online panel discussion on ‘IP and the Pandemic’ on May 5, 2021. For details, please see the announcement below: NLU Delhi’s Online Panel Discussion on ‘IP and the Pandemic’ May 5, 2021 | 7:30 PM IST The pandemic has raised several crucial issues concerning the role of Intellectual Property (IP) in the context of innovation and access to Covid-19 vaccines and pharmaceuticals. India and the…


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Copyright Patent Trademark

SpicyIP Weekly Review (April 26- May 2)

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Topical Highlight Supreme Court Weighs in on the Crisis: Vaccine Price Equity, Compulsory Licensing and Free Speech Online In this post, Adyasha analyses the recent proceedings in the suo motu case taken up by the Supreme Court regarding matters concerning the Covid-19 pandemic. She first discusses the concerns regarding the pricing of vaccines and notes that the court asked the right questions from the Central Government as to the differential pricing for the Centre and other entities, deviation from the…


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COVID-19 Drug Regulation Patent

Supreme Court Weighs in on the Crisis: Vaccine Price Equity, Compulsory Licensing and Free Speech Online

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After being heavily criticized for taking matters into its own hands by transferring matters related to the Covid-19 crisis from High Courts, the Supreme Court had its first hearing in the suo motu case on 30th April. A three-judge bench consisting of Justices DY Chandrachud, L Nageswara Rao and Ravindra Bhat looked into a wide variety of issues such as Oxygen & Covid drugs shortage, (the lack of) equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory…


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