2021

SpicyIP Weekly Review (September 27 – October 3)

Zolgensma and the Inadequacies of the Compulsory Licensing Regime In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Breaking down the 3 tests of reasonably meeting the requirements of public, reasonable affordability and […]

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Webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ [October 13]

We are pleased to inform you that the Microsoft IPR Chair and the DPIIT IPR Chair at Gujarat National Law University (GNLU), Gandhinagar are jointly organising a webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ on 13th October, 2021. Webinar on ‘Traditional Knowledge as Intellectual Property: Opportunities and Challenges at the International Level’ We are elated to announce that the Microsoft- IPR Chair-GNLU and DPIIT IPR Chair-GNLU are jointly organising a webinar on “Traditional

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Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing [October 4-7]

We’re pleased to inform you that the DPIIT IPR Chair of Inter University Centre for Intellectual Property Rights Studies at the Cochin University of Science and Technology (CUSAT) is organizing a four day webinar on “Digital Sequence Information(DSI)- Implications on Access and Benefit Sharing” from October 4-7 2021. For further details, please read the announcement below. Webinar on Digital Sequence Information (DSI): Implications on Access & Benefit Sharing The four-day webinar aims to sensitise the legal fraternity about the challenges posed

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Zolgensma and the Inadequacies of the Compulsory Licensing Regime

We’re pleased to bring to you a guest post by Akhil Satheesh. Akhil is a final year B.A.L.L.B.(Hons.) student from NUALS, Kochi. Zolgensma and the Inadequacies of the Compulsory Licensing Regime Akhil Satheesh What is the price of an ordinary human life? Although the answers may be imprecise and deeply rooted in philosophical quandaries, for those suffering from a rare genetic degenerative disorder, Novartis answers the question, valuing life at 2.1 million dollars (Rs. 16 crore). This was the price

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JDCIL-ESYA Article Writing Competition [Submit by September 30]

We’re pleased to inform you that the Jindal Digest for Competition and Innovation Laws, in collaboration with Esya Centre, is organizing an article writing Competition, with an aim to encourage academic research on the intersections of competition, IP and technology laws. For details, please read the announcement below. JDCIL-ESYA Article Writing Competition About: The Jindal Digest for Competition and Innovation Laws is an interdisciplinary, student-edited, legal review blog, that aims to trace developments in the fields of Competition Law, Technology

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SpicyIP Weekly Review (September 20- 26)

ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity In this post, Adyasha analyses a recent trademark infringement dispute before the Bombay High Court over the ‘RAMPUR ASĀVA’ mark for alcoholic beverages. While the Single Judge bench ruled in favour of the defendant, the Division Bench overruled that order. Adyasha first provides the factual background and the reasons behind the Single Judge’s refusal of the interim injunction. She notes that the Single Judge agreed with the

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ASĀVA v. RAMPUR ASAWA: Bombay HC Sets the Record Straight on Deceptive Similarity

A few months back, a Single Judge bench of the Bombay High Court delivered what has now been revealed to be a very problematic decision on deceptive similarity in alcoholic beverage trademarks. Brought to light upon being set aside by the Division Bench, this decision rendered findings that threatened to set dangerous precedents on what constitutes a trademark, and how deceptive similarity is evaluated. In this post, I revisit the Single Judge’s ruling and underscore the ways in which the

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SpicyIP Weekly Review (September 13-19)

Division Bench Stays the Interim Injunction Granted to Kibow Biotech, calls Methodology of the Single Judge Bench for Establishing Prima Facie case “Flawed” In this post, Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. He first summarises the findings of the Division Bench. He then noted the court’s ruling that the subject matter of

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Webinar on ‘Trade Secret and Access to Medicine’ by CUSAT and TWN [September22]

We’re pleased to inform you that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine ” on September 22, 2021. For further details, please see the announcement below: Trade Secret and Access to Medicine Intellectual property seeks to achieve certain objectives such as disclosure, dissemination of information and creation of innovations.

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Tracing the Contours of Copyrightability of ‘Unique Sports Celebrations’

We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the copyrightability of unique sports celebrations. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest post on the blog can be viewed here. Tracing The Contours of Copyrightability of ‘Unique Sports Celebrations’ Kedar Ganesh Dhargalkar Be it the triumphant chronicles of the Argentinian legend at Copa America or the ultimately underwhelming yet individually rewarding

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