Adyasha Samal

Adyasha is a graduate from Hidayatullah National Law University, Raipur.

Patent

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


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…


Read More »
Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)


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…


Read More »
Innovation Trademark

Store Layouts: The New Trademark on the Block


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…


Read More »
Trademark

Patanjali’s Coronil Trademark: The Dilemma of Dilution


Recently, the Madras High Court restrained Patanjali from using the word ‘Coronil’ on its immunity-booster tablets (Arun has discussed the order, here). Soon afterwards, Patanjali obtained a stay on the order from a Division Bench, arguing that ‘coronil’ is a generic term derived from coronavirus and used by nearly 191 companies right now, and the vast difference between their product and the plaintiff’s ensures that there is no likelihood of confusion between them. This is a reasonable decision, since the…


Read More »
Copyright Others Patent Trademark

SpicyIP Weekly Review (August 17 – 23)


Topical Highlight Lootcase, Copyright and Last Minute Injunctions: A Failed Attempt towards Overprotection Nikhil discussed the recent case of Vinay Vats v. Fox Star Studios India, wherein the Delhi HC rejected the plaintiff’s request for interim injunction a day before the release of the defendants’ movie ‘Lootcase’, which was alleged to be infringing the copyright in the plaintiff’s movie, ‘Tukkaa Fitt’. He agrees with the court’s reasoning, explaining that the two movies are only similar so far as they revolve around a stolen…


Read More »
Patent

Revocation of Novartis’ Ceritinib Patent Stayed: Unraveling the IPAB Order


The IPAB has recently stayed the revocation of Novartis’ patent over the anti-cancer drug Ceritinib. An examination of the revocation order reveals an unfortunate oversight in examining issues relating to genus-and-species patents, as well as several procedural lapses. IPAB’s stay order brings to light important doctrinal questions that the revocation left unanswered. This post attempts to deconstruct the maze of confusing orders surrounding the Ceritinib patent revocation. Background Ceritinib is a prescription drug used for treatment of non-small lung cancer,…


Read More »
Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (July 27 – August 2)


Topical Highlight What’s in a Stream? The Confounding Case of IPRS’s Live-Streaming Tariffs Divij wrote about the confusion created by Indian Performing Rights Society’s newly released tariff scheme for live streaming of online events and live/disc-jockey performances. He first discusses the problems with the scope of the notice which defines ‘live performance’ as music by performers in person, and disc jockeys as playing of a sound recording. He then explains the lack of clarity as to whether digital streaming of…


Read More »
Copyright Overlaps in IP Privacy

Tattoos: The Tussle between Copyright and Publicity Rights


The world’s attention was first drawn to the copyrightability of tattoos when Victor Whitmill, the artist behind Mike Tyson’s face tattoo, sued Warner Bros for an imitative tattoo worn by an actor in Hangover II. Since then, I find that there has been a raging discussion regarding tattoo artists’ copyright over their tattoos, including issues like fixation, ownership and fair use. This post does not focus on these questions of copyrightability. Instead, it develops upon an important point raised by…


Read More »