Adarsh Ramanujan

Adarsh Ramanujan

Adarsh is an independent counsel with offices in Delhi and Chennai. Before starting his own practice he spent considerable time with Lakshmikumaran & Sridharan at their New Delhi and Geneva offices. He obtained his B.Sc. LL.B. (Hons.) degree (Gold Medalist) from National Law University, Jodhpur and LL.M. degree from University of California, Berkeley. He is a qualified Patent Agent in India. A major portion of his time is spent practicing in the areas of IP & Technology Laws as well as in International Trade Law. He has however branched out into doing commercial litigation and arbitration work. His expertise also extends to regulatory laws such as environmental laws, biodiversity laws and cyber laws. Adarsh has taught patent law in NLU, Delhi, NLU, Jodhpur and at the CEIPI Institute (University of Strasbourg). He has authored or co-authored close to 30 publications on diverse topics, including on IP, WTO, constitutional law and international tax.

Patent

SpicyIP Tidbit : EBA’s Recent Ruling on Patentability of Plants and Animals : Any Impact on India?


[Disclaimer: I represent clients in India in ongoing litigation on related and unrelated issues. Views expressed here are strictly personal.] The IPKat recently reported that the Enlarged Board of Appeal operating under the EPC regime handed down its ruling in G 3/19 on the patentability of plants and animals developed from essentially biological processes. The Enlarged Board of Appeals has approved the Rule 28(2) recently inserted in Implementing Regulations of the European Patent Convention, by which products exclusively obtained by…


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Copyright

US Supreme Court Upholds States’ Immunity from Copyright Infringement Suits : Is US in Violation of the TRIPS Agreement?


Last month, the US Supreme Court issued its judgement in an interesting case involving sovereign immunity for copyright infringement. This was the case of Frederick L Allen v. Roy A. Cooper, III, Gov of North Carolina et al. The copyrighted work in question involved the videos and photos taken by the plaintiff concerning the shipwreck of the Queen Anne’s revenge. The plaintiffs sued the State of North Carolina when it published some of these videos and photos online and the…


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Innovation Patent

Patent Statistics: A Clue towards the Underlying ‘Momentum’ and ‘Acceleration’


Many may have followed the press release by the WIPO earlier this month declaring that in 2019 China had surpassed the United States to become the largest filer of international patent applications for the first time. That is, number of the PCT applications originating from China is the largest in the world as on 2019. PCT applications originating from China were 58,990, which represents a 11% growth from the previous year and almost 2400% increase from 2005. The number of…


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Drug Regulation Patent

Delhi HC Allows Genentech’s Internal Expert to Inspect Reliance’s Documents in Trastuzumab Suit: Dilution of Confidentiality Club?


On 2nd March, a Single Judge of the Delhi High Court in the case of Genentech Inc. and Ors. v. Drugs Controller General of India and Ors. passed an order, which effectively allowed Genentech’s in-house employee/expert to inspect the documents placed on record under a Confidentiality Club. This is the Trastuzumab litigation involving Reliance. This litigation saga has been covered on several occasions including here, here, here, here, here and here. When I first heard of this order, I was…


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Copyright

Copyright of Music Composers, Lyricists and Performers: Another Missed Opportunity by Mad HC in the Illayaraja Cases – Part II


In Part I of this two-part post, I had analysed the latest judgments of the Madras High Court in Ilaiyaraja (II) and Ilaiyaraja (I), in that order. I had concluded that the Madras High Court in Ilaiyaraja (II) got it right whereas it got it wrong in Ilaiyaraja (I) even though the conclusions are same in both the judgments. This is not a contradiction because the law applicable to the facts in both cases is totally different. In Ilaiyaraja (II),…


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Copyright

Copyright of Music Composers, Lyricists and Performers: Another Missed Opportunity by Mad HC in the Illayaraja Cases – Part I


On February 13th, the Madras High Court passed a judgement in the case of M/s. Indian Record Manufacturing Company Limited v. AGI Music Sdn Bhd and Ors., wherein the music composer, Ilaiyaraja, was Defendant no. 2 (“Ilaiyaraja (II)”). The suit was decreed with costs and the defendants, including Ilaiyaraja, and agents etc. were permanently restrained from infringing the Plaintiff’s copyright over certain specifically identified musical works/sound recordings. This is the second judgment concerning Ilaiyaraja, the first being the judgment in…


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Copyright

Injunctions against Playing Copyright Protected Music/Songs During Celebrations/Parties


The recent orders of the Madras High Court in Phonographic Performance Ltd. v. the Accord Metropolitan and Ors. and Indian Performing Right Society Ltd v. K Murali and Ors., as well as those of the Bombay High Court in six connected matters (Phonographic Performance Ltd v. Hotel Hilton & Ors and 5 others similar matters) were widely reported in media. All the Plaintiff associations obtained interim injunctions against hotels/pubs/event organizers from playing any of the copyrighted works they claim to…


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Drug Regulation Patent

Trastuzumab Biosimilar Litigation Saga: A New Order from the Delhi High Court


Last week, the Delhi High Court issued yet another order in the Trastuzumab litigation saga. This time, it is common order in two suits bearing CS (COMM) 1119/2016 (Roche v. Cadila, DCGI and DoB) and CS (COMM) 540/2016 (Roche v. DCGI, DoB and Hetero Drugs Ltd.). This litigation saga has previously been covered here, here, here, here and here. Suffice to say that broadly, the prayers in these suits are similar to the ones in the other suits against Biocon/Mylan and…


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Copyright

News Aggregators’ New Concerns in the EU; Does It Matter in India?


Last year, the Directive on Copyright and Related Rights in the Digital Single Market was adopted in the EU (text available here). The IPKat blog carries a series of posts on it starting here, for those who are uninitiated on the subject. I only intend to discuss a limited point from this new Directive – its impact on “information society service providers” publishing “press publications” online. This impact arises from an entirely new class of right being granted for press…


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Patent

Trastuzumab Litigation: A Development from the Supreme Court Concerning Reliance (Setback or Inconsequential?)


On 17th December, a three-judge bench of Supreme Court of India in Genentech Inc. & Ors. v. Drug Controller General of India & Ors., set-aside the interim order of the Division Bench of the Delhi High Court dated 18.09.2019 and restored the earlier order of the single judge dated 25.04.2016. This relates to the biosimilar dispute concerning the drug ‘Trastuzumab’, between Genentech and Roche on the one hand, and Reliance, Mylan and Biocon on the other. The litigation saga has…


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