February 2014

EBC granted injunction against Lexis Nexis and Thomson Reuters for infringement of their copyright

(This post has been edited for clarification. The earlier post stated that EBC had received an injunction against Thomson Reuters ‘yet again’. To clarify that there isn’t a separate injunction that Thomson Reuters received, this post has been edited to state that it was the earlier ex-parte injunction that has been confirmed.) The District Judge of Lucknow, in January 2014 has confirmed an ex parte injunction order in favour of EBC against Reed Elsevier Corporation for infringing on EBC’s copyright in […]

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Weekly Review (2-8 Feb, 2014)

The past week was a fairly interesting week in the world of IP and we carried a number of posts reporting some of these developments. The first post of the week was a post by one of our new Fellows – Spadika where she reported on the National Program on Technology Enhanced Learning (“NPTEL”), a program similar to the MIT Open Course Ware, which provides online courseware for students to bridge the oft complained about gap in qualifications of faculty

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The Indian Perspective: Submission made to USITC’s investigation into the Indian patent regime

In pursuance to its investigation into India’s trade, investment and industrial policies, the U.S. International Trade Commission (USITC) is holding a public hearing on February 13, 2014.  Professor Srividhya Ragavan (University of Oklahoma College of Law), Brook Baker (Northeastern University School of Law), and Sean Flynn (American University Washington College of Law) submitted a statement to the USITC on issues pertaining to India’s patent regime. This is a welcome intervention and provides a nuanced understanding of Indian patent laws and implementation.

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Careful: Requests for payments of fee may be a scam

One of my firm’s – Saikrishna & Associates clients, received a letter sometime back, requesting them to pay a certain sum of money for getting their patent application “registered at the European Patent Offices.” When we received a call from the client requesting us to look into the matter and get the payment processed, we were rather surprised, because the letter purportedly stated that it was for registration of an International Patent.  Below is a redacted copy of the letter.

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Roche sues Biocon and Mylan over biosimilar version of Herceptin;Delhi HC grants injunction

Trastuzumab/Herceptin has been controversy’s child (please read my previous posts on Herceptin here and here.) Initially it was considered for Compulsory license u/s 92 and then last year in a very surprising development Roche decided not to pursue Herceptin patents in India. In a SPICY IP exclusive Prashant had blogged about this development over here.  Shortly thereafter, after regulatory approval a “biosimilar” version developed jointly by Biocon and Mylan was launched in India under the brand names CANMAb™ and   Hertraz™ respectively. Swaraj had blogged about the pricing issues

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NationSpeak at the WIPO Standing Committee on Patents

“A patent is a social product and has a social function”, stated India’s speaker to drive home the point of equitable access to healthcare at the recently concluded 20th Session of the WIPO Standing Committee on Patents (SCP) in Geneva. The SCP was created in 1998 to facilitate WIPO member states to discuss international development of patent law. All WIPO members are allowed to participate in the annually held sessions and NGOs can attend as observers and make “interventions”. The

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SpicyIP Tidbit: Shruti Hassan contemplating legal action for dubbing her film D-Day into Tamil without her consent

Shruti Hassan, who played the role of a Karachi call girl in the controversial film D-day directed by Nikhil Advani has stated that she is contemplating legal action. This decision of Ms. Hassan came into the public domain through an official press release by her in which she stated that the dubbing of D-day into Tamil as Dawood constitutes a clear breach of contract as it was done without her consent or approval. She has also disassociated herself from the

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SpicyIP Events: Managing IP’s “India IP and Innovation Forum 2014”

We are very pleased to bring to you information regarding regarding Managing IP’s India IP and Innovation Forum 2014 scheduled to be held on February 26 at the Le Meridian Hotel in New Delhi. The details as provided by the organizers are below. Is  compulsory licensing destroying India’s IP infractructure from within? As India’s sophistication in IP protection grows stronger year-on-year, so too do the concerns about the governments distorted balance between IP protection and public interest. Following amendments to

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NUJS Law Review Special Issue on the Copyright Amendment Act: Read it to believe it!

This is a slightly belated notification but the Copyright Conference of 2012, has culminated in the publication of a special issue on the recent copyright amendments (Vol. 5 2012 No. (4) NUJS Law Rev.) Shamnad played a key and lead role in bringing this issue into existence! Various debates that took place at the Copyright Conference, took shape and transformed into informative, exhaustive and excellent papers that have now been published. This publication covers huge ground and deals with issues

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Auto Tuned Videos and Copyright

Satire on YouTube seems to be stirring up quite the controversy. Some time ago, it was regarding the spoof of Dhoom 3 which YRF had objected to, on which we carried a post which observed how parodies could constitute fair use. More recently, Rohit Iyengar, an 18 year old film student, uploaded an auto tuned version of one of Rahul Gandhi’s speeches delivered at an AICC meeting, in a video titled “Rahul Gandhi sings”. Within no time the video was

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