2014

Novartis sues Cipla over infringement of Onbrez patents: HC reserves judgement

/ By / Patent, Trademark

Close on the heels of the health ministry’s statement regarding patent revocation, Novartis has sued Cipla for infringing patents covering Onbrez (Indacaterol-drug used to treat chronic obstructive pulmonary disease) and sought damages. Onbrez is protected by 5 patents in India – IN222346 (product patent- expiring in 2020); IN214320 (composition patent- expiring in 2021); IN230049, IN210047 and IN230312 (process patents- expiring in 2024). Earlier last month Cipla had launched a low cost generic version of Onbrez and petitioned to DIPP requesting […]

Novartis sues Cipla over infringement of Onbrez patents: HC reserves judgement Read More »

Register for INTA’s India Emerged: Protecting Your Brand in India’s Evolving Economy Conference

/ By / Event, Sponsored

SpicyIP is pleased to announce the International Trademark Association (INTA)’s 2015 Regional Conference to be held on February 7th, 2015 in New Delhi. Details are as follows: The world is watching India with positive anticipation. The new Indian government is dedicated to establishing a vibrant intellectual property regime in the country. By joining the Madrid Protocol, India has instilled confidence in global brand owners; closer to home, India will soon have a national IP policy to promote national interests. INTA

Register for INTA’s India Emerged: Protecting Your Brand in India’s Evolving Economy Conference Read More »

The latest Xiaomi Order: Some Questions?

/ By / Patent

Thomas reported earlier today on the small breather than Xiaomi received from the Delhi High Court, after being at the receiving end of an unfortunate ex parte injunction. Xiaomi fans in India will no doubt celebrate the fact that Xiaomi can continue to sell. However, this order leaves open some questions. For if Xiaomi has to purchase from Qualcomm (a licensee authorised by Ericcson), wouldn’t the doctrine of patent exhaustion apply? As I noted in an earlier post here, once

The latest Xiaomi Order: Some Questions? Read More »

India’s First Compulsory Licence: Open Ended?

/ By / Patent

While dismissing the SLP (special leave petition) of Bayer, the Supreme Court noted that: “In the facts of the present case, we are not inclined to interfere. The Special Leave Petition is dismissed, keeping all questions of law open.” What exactly does this mean? Honestly, it left me a bit puzzled. Wasn’t it the job of the highest court of the land to apply its mind to questions of law? If so, why did it leave it “open”? And if issues

India’s First Compulsory Licence: Open Ended? Read More »

The Delhi High Court Takes a Knife to the Anti-Dissection Rule

/ By / Trademark

M/s South India Beverages Pvt. Ltd. v. General Mills Marketing Inc. & Anr. In a recent trademark appeal at the Delhi High Court over two allegedly similar marks ‘HAAGEN DAZS’ and D’DAAZS the Court upheld the order of the Single Judge granting an interim injunction against use of the latter mark by the appellant-defendant. Both the appellants and the respondents were engaged in the business of the sale of ice-creams and related dairy products, although admittedly in different price brackets.

The Delhi High Court Takes a Knife to the Anti-Dissection Rule Read More »

SpicyIP Tidbit: Xiaomi Appeals Injunction, Allowed to Sell Devices

/ By / Patent

In a spicy twist to the battle raging on in the Delhi High Court between Xiaomi and Ericsson, a new Division Bench order provides some respite for the former. Xiaomi had appealed the injunction that was granted against it ex-parte by a Single Judge bench on the 8th of December this year. The Division Bench orders, as can be gathered from the information available here, that Xiaomi is allowed to sell its devices in India, subject to a number of

SpicyIP Tidbit: Xiaomi Appeals Injunction, Allowed to Sell Devices Read More »

Call for Papers – NLIU Journal of Intellectual Property Law

/ By / Others

The NLIU Journal of Intellectual Property Law has released a call for papers for it’s 4th edition: “The Cell for Studies in Intellectual Property Rights, National Law Institute University, Bhopal is pleased to announce the call for papers for the fourth issue of its journal: NLIU Journal of Intellectual Property Law. The journal, published annually, is a student run, faculty regulated, peer reviewed law journal. It aims to create meaningful debate and discourse to help build a fair and equitable regime of Intellectual

Call for Papers – NLIU Journal of Intellectual Property Law Read More »

Govt refuses to entertain Cipla’s request for revocation of Novartis Onbrez patents

/ By / Patent

In a crucial turn of events, according to TOI, the health ministry stated that Cipla’s petition does not make a compelling case for revocation of Novartis’ Onbrez patents. As readers may remember last month Cipla had launched a low cost generic version of Novartis’ Indacetorol marketed under brand name Onbrez, a drug used to treat chronic obstructive pulmonary disease. Cipla had further petitioned to the DIPP and argued that chronic obstructive pulmonary disease has reached “epidemic” proportions and the Central

Govt refuses to entertain Cipla’s request for revocation of Novartis Onbrez patents Read More »

USTR Concludes its First Out-of-Cycle Review: Special 301 Review to follow

/ By / Others

The Office of the United States Trade Representative (USTR) issued a press release on Sunday stating that the first Out-of-Cycle Review had concluded for Fall 2014. The USTR observed that India had made ‘useful commitments’ recently to “institutionalize high-level engagement on IP issues, to pursue a specific work program and to deepen cooperation and information exchange with the United States on IP-related issues under the U.S.-India Trade Policy Forum.” The press release also states that the USTR will commence its

USTR Concludes its First Out-of-Cycle Review: Special 301 Review to follow Read More »

Access Copyright Announces New Offers to Copy Works at Educational Insitutions

/ By / Copyright

Last week Access Copyright came up with new offers for sharing literary works for educational and professional purposes with post-secondary educational institutions. Access Copyright is a Canadian copyright licensing agency that represents the authors and publishers of literary works and collects revenues on their behalf. When educational institutions sign up with the organisation, the professors and students are permitted to selectively copy copyrighted works. Access Copyright charges a base rate per full-time student for this license, which is usually passed

Access Copyright Announces New Offers to Copy Works at Educational Insitutions Read More »

Scroll to Top