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Adyasha Samal

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COVID-19 Patent

Dapagliflozin Injunction Denied: Of Double-Patenting and Coverage-Disclosure Dichotomy

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In a very notable recent order, AstraZeneca was denied an interim injunction by the Delhi High Court against Intas Pharmaceuticals and Alkem Laboratories (Defendants) in a case relating to the manufacture of anti-diabetic drug Dapagliflozin, which allegedly infringed AstraZeneca’s patents IN 205147 (IN ‘147) as well as IN 235625 (IN ‘625). The order has revealed what could turn out to be a case of double-patenting that has escaped scrutiny for 17 years! It also explores important questions regarding coverage-disclosure dichotomy…


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Geographical Indication Trademark

SpicyIP Weekly Review (November 9 – 15)

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Topical Highlight Amendments to the Copyright Act: Hidden Consultations and the Missing Public Angle of Copyright Law – Part I In the first of this two-part post, Nikhil discussed the consultation process initiated by the Copyright Office to amend the Copyright Act which happens to involve only industry stakeholders. He explains that these opaque, closed-door consultations are antithetical to the interests of open access, creativity, culture, and freedom of expression and might be paving the way towards the privatisation of…


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Trademark

Mountain Dew Trademark Battle: David v. Goliath or Misapplication of Prior User Rights?

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PepsiCo has suffered a blow in its 16 year long legal battle to secure trademark rights for its famous soda, ‘MOUNTAIN DEW’. The Additional Chief Judge of the City Civil Court of Hyderabad has recently ruled that the Hyderabad-based Magfast Beverages enjoys prior user rights over an identical trademark for their packaged drinking water (‘PDW’) business. In this post, I discuss this order and certain other issues in the dispute that may require more attention. Facts The plaintiff Syed Ghaziuddin…


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Patent

Only ‘Disclosed’ if ‘Identified’: IPAB Quashes Ceritinib Patent Revocation

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An IPAB bench consisting of Chairman Manmohan Singh J. and the new technical member for Patents Dr. B.P. Singh has quashed the Controller of Patent’s decision that revoked Novartis’s patent on the anti-cancer drug Ceritinib. It held that while the compound was contained in a broader genus patent, it was not ‘disclosed’ therein, as it hadn’t been specifically identified. The 104-page order examines several issues regarding novelty and obviousness, the extent of coverage and disclosure, and timelines for filing of…


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Copyright

IPAB to Fix Statutory Licensing Rate for Radio Royalties after 10 Years

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In a significant development, the IPAB has passed an interim order maintaining status quo of the royalty rate for radio broadcasts under statutory licensing. This was followed by a Public Notice seeking suggestions from stakeholders with regard to the fixing of royalty rates by IPAB. Background Section 31D of the Copyright Act, 1957, which was added by the Copyright (Amendment) Act, 2012, empowers the Appellate Board to fix royalty rates for performances or radio or television broadcasts of literary and…


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Copyright Geographical Indication Others Trademark

SpicyIP Weekly Review (September 20 – 27)

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Topical Highlight University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’ Praharsh discussed the IPAB’s order allowing an appeal against the Controller of Patents’ rejection of the University of Miami’s application over a pharmaceutical composition for treatment of cancer. The Controller had rejected the application stating, among other things that: a) the additional documents submitted by the appellant to explain the post research scenario were grossly substantive and result of further…


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Copyright Trademark

SpicyIP Weekly Review (September 14 – 20)

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Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11, and 35 had obtained the injunction by concealing the fact that a director of the Defendant owned a similar mark ‘SUJATA’ under class 11 since…


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Patent

Ibrutinib Patent Revocation: IPAB Says the Stay is Here to Stay

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Latest in the Ibrutinib patent saga is IPAB’s order maintaining the interim stay over the revocation of the anti-cancer drug patent. This comes at an interesting time, as a recent report by I-MAK suggests that US-based Biopharma Company AbbVie might be attempting to build a patent wall around Imbruvica (Ibrutinib’s market brand), having secured 88 patents out of 165 applications filed. Imbruvica currently generates a whopping $4.5 billion a year for AbbVie. In India, Pharmacyclics LLC (owned by AbbVie) had…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)

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Topical Highlight When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? In a guest post, Tanvi Sehgal weighs in on the impact of the COVID-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings. She explains how the pandemic shutting down movie theatres for such a long duration has forced producers to release their movies on OTT platforms such as Netflix, Amazon Prime and Hotstar. According to her, movies…


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Innovation Trademark

Store Layouts: The New Trademark on the Block

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With the development of innovative methods of brand-image building, there has been a proliferation of non-conventional trademarks. After colour, sound, scent marks and the like, proprietors are now seeking to trademark ‘layouts’ of stores and service outlets. These marks are different from architectural trademarks, the first of which in India were registered for the Taj Mahal Palace Hotel (discussed in detail here) and the BSE Building, both situated in Mumbai. While these protect the image of the buildings’ exteriors as…


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