Patent

Breaking News: Corrective (Anti) Copying Action in Roche vs Cipla


correctiveactionA rather remarkable development in the Indian legal space! In the first ever pharmaceutical patent trial case in India (Roche vs Cipla), judges accept the charge of plagiarism (they had copied parts of their initial summation of the lower court order). And then go on to apologise to the authors of the piece (from which their intern had liberally borrowed). Lastly, they expunge the “copied” paragraphs from their judgment.

Hats off to Justice Nadrajog and Justice Gupta of the Delhi High Court for this rare corrective action and courage. And I say this, given the ease with which our public functionaries copy without attribution, and make no amends even when called out!

The order can be found in this link here. For background, you can see Swaraj’s post here. Here are excerpts from the order that issued today:

“Since the impugned judgment passed by the learned Single Judge was lengthy, the Bench had decided to briefly pen profile the impugned judgment and for which a law intern associated with the Bench offered to make a precise of the impugned judgment, and so well was the draft of the precise submitted that the Bench decided to incorporate the same in the judgment as was submitted to us by the intern.

The attention of the Bench was thereafter drawn to an Article published in the year 2013 where the impugned judgment had been pen profiled and it dawned on the Bench that paragraphs 4 to 38 of our judgment were a virtual verbatim copy of the Article published.

This has constrained the Bench to pass a suo moto order offering apology to the learned authors of the Article and simultaneously taking corrective action.”

Thomas will come back with a more detailed analysis on this soon.

ps: image from here

Shamnad Basheer

Shamnad Basheer

Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof. Amartya Sen. Professional History: After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also served on several government committees.

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