2014

Guest Post: It’s time for Real Action, Jackson

/ By / Trademark

Shashank Mangal, a 4th year student from ILS, Pune, brings us a newsy tidbit relating to a Hollywood-Bollywood movie title clash. It’s time for Real Action, Jackson Warner Bros. has sent a legal notice to Baba Films asking them to change the title of their forthcoming movie ‘Action Jackson’ as its use will lead to infringement of their trademark which it claims is also valid in the sub-continent…. On February 4, 2014, Warner Bros. sent a legal notice (click here) […]

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Guest Post: Copyright – shield or sword against “revenge porn”

/ By / Copyright, Privacy

With the ever-increasing pervasiveness of technology into our lives, the law is often left lagging behind in terms of how it can deal with resultant issues. In this post, Sadhvi Sood, a 3rd year student from NUJS, examines whether copyright law can deal with one such issue – ‘revenge porn’. Copyright – shield or sword against “revenge porn” The recent phenomenon of “revenge porn” over the internet is representative of the conundrum that can be created when technological developments are

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Indian Pharmaceutical Alliance Submission to the USITC

/ By / Innovation, Patent

The Indian Pharmaceutical Alliance has made a pre-hearing statement before the USITC with regard to its Indian investigation. The hearing is scheduled for 12 and 13 February 2014. In its letter requesting the USITC to initiate an investigation into India’s trade policies, the Senate and House Committees asked the Commission to prepare a summary of U.S. firms’ perceptions on Indian investment and trade policies. The Committees also said that they did not expect the Commission to make findings regarding the

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

/ By / 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)

/ By / Others

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

/ By / Patent

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

/ By / Patent

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

/ By / Drug Regulation, Patent, Trademark

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

/ By / Innovation, Patent

“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

/ By / Copyright, Others

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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