December 2013

Guest Post: IPAB dismisses challenge to Kibow’s product patent

Spadika Jayaraj, a 3rd year student from NLSIU, Bangalore brings us a crisp update on the Kibow litigation. Prashant had earlier mentioned the oddity of selective reporting that was happening around it with news reports focusing on the Kibow patent that was rejected. In this post, Spadika looks at the Kibow patent that was upheld. This is her first submission to our 2nd Annual SpicyIP Fellowship applicant series. IPAB Ruling Dismisses La Renon’s challenge to Kibow’s Product Patent on Renadyl […]

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THE INN PROPOSAL: BOON OR BANE?

The Indian Patent Office is presently considering a proposal that would make it mandatory for drug firms to disclose the WHO-assigned INN (International Non-proprietary names) in the pharma patent applications. This proposal has been mooted, according to the Patent Office, as it would help ensure that frivolous patents, which do not provide any enhancement of efficacy of a therapy, are not granted. In order to contextualise this proposal better, the working of an INN needs to be understood. An INN

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Guest Post: Iskcon sues Iscon for trademark infringement

Radhika Agarwal brings us her second submission in the 2nd Annual SpicyIP Fellowship applicant series. You can view her first post here. Iskcon sues Iscon for trademark infringement The International Society for Krishna Consciousness (popularly known as ISKCON) founded by A. C. Bhaktivedanta Swami Prabhupada in 1966 in New York is  known world-wide for its devotional practices towards Lord Krishna, a Hindu deity. Popularly known as the Hare Krishna movement, the religious organization has chapters all over the world, including India.

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Department of Pharmaceuticals replaces Committee for Patented Drug Price Reduction with Successor after Six Years

  It has been almost seven years since the Government of India, under the aegis of the Department of Pharmaceuticals (DoP), had established a committee tasked with framing a mechanism that would serve to bring down the price of patented medicines within the country by way of negotiation and/or reference pricing. Considering the exorbitant pricing that some of the patented drugs are subjected to, this move was certainly a laudable one, aimed to provide much-needed affordability to especially the life-saving

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Guest Post: Copyrightability of characters

We are happy to bring our readers Devika Agarwal’s first post in the 2nd Annual SpicyIP Fellowship applicant series. Devika is a 4th year student at RML National Law University, Lucknow and brings us an interesting post on the question of copyrightability of characters. UNKNOTTING THE ‘GUTTHI’ OF ARTISTS’ RIGHTS The exit of ‘Gutthi’ from ‘Comedy Nights with Kapil’, a comedy show aired on Viacom18, was tragic for all those who are faithful viewers of the show. Adding to their woes

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Working papers on the damage to the Patents Act, 1970 and the state of affairs at the Indian Patent Office

Over the course of the last year at Stanford, I got to study patent law under two of the leading patent law academics in the U.S. – Prof. Robert Merges & Prof. Mark Lemley, followed by a short stint at the Offices of Schiff-Hardin LLP (Many thanks to Shailesh Patel, George Yu and Chris Ohly for making the internship happen) where I got a fantastic frontline view of the American patent law practice before the PTAB and the federal courts.

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MD of Universal Music Publishing slams the radio industry – calls them “parasites”

The music and radio industries have never been the best of buddies anywhere in the world, especially in India. In a fiery piece published on the online news portal – Radio & Music – Achille Forler, the Managing Director of Universal Music Publishing slams the radio industry for being “parasites” and living off the music industry. Forler, has every reason to be infuriated with the radio industry, especially since the radio industry has been comprehensively thrashing the music industry in

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SpicyIP Tidbit: Sing along with the Samajwadi Party! “We Didn’t Start the Fire”

“Man se hai Mulayam, Aur Irade Loha hai, Irade Loha hai, Man se hai Mulayam” [Sing it to the tune of Billy Joel’s “We Didn’t Start the Fire”!] After a series of long and interesting posts, we have for our readers an entertaining tidbit. As reported, the Samajwadi Party has bought rights to Billy Joel’s “We Didn’t Start the Fire”. SP’s campaign song uses the catchy tune of “We Didn’t Start the Fire” and is repurposed to promote Mulayam Singh

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Nitto Denko Corp v. Union of India: Backlog and shortage of staff at the IPO?

A civil writ petition was filed by Nitto Denko Corporation, questioning the delay in the issuance of FER and seeking directions regarding timeline of issuance of first examination report (FER) and expediting patent prosecution. Mr. Pravin Anand, one of the country’s leading IP counsels represented the petitioner in this case. The Delhi high court issued an order directing the Indian patent office to file an affidavit indicating the state of affairs in the patents office regarding issuance of FER and to

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Guest Post: WIPO Green – A new hope for green technology innovators

We’re happy to announce the first entry for our 2nd SpicyIP Fellowship! Radhika Agarwal, a 4th year student at Nalsar University of Law, Hyderabad brings us a timely post on a new initiative by WIPO called WIPO Green. Released just a couple of days ago, WIPO Green aims to be ‘an interactive marketplace that promotes innovation and diffusion of green technologies’. WIPO Green: A new hope for green technology innovators With environmental protection being the need of the hour, WIPO Green is

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