Author name: Anubha Sinha

Anubha Sinha - @anubhasinha_ on Twitter — is a graduate of Dr. RML National Law University, Lucknow, and presently works at the Centre for Internet and Society. She also blogs on www.cis-india.org

India: To be declared as the worst IPR offender by the US?

/ By / Drug Regulation, Patent

India’s IP practices have hardly been agreeable to the US. Despite the differences, there exists a flourishing pharmaceuticals trade between the two countries. However, reports indicate that the relationship has nosedived this time round. Presently, the US Trade Representative (USTR) is reviewing our IP regime, which is scheduled to be released in the following week (USTR Special 301 report). An unfavourable review will lead to downgrading India’s status to ‘Priority Foreign Country’, which may prompt the US to impose sanctions on Indo-US […]

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Access free e-book on basics of Patent Search

/ By / Patent

The kind folks at Origiin IP Solutions recently released a FREE e-book on “Basics of Patent Search”. This is a great initiative to provide access to IP law through the open access model. The e-book highlights the need to perform a thorough patent search, the kinds of searches, and how a good search report can assist in: Assessing novelty of the invention; Minimising patent infringement risk; Formulating IP strategies; Enforcement/opposition of patent. It sets a broad framework for patent search, with additional inputs in the

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Breaking News: Ericsson sues Intex for infringement of SEPs in Delhi HC

/ By / Patent

Our readers may be aware that Intex filed a complaint against Ericsson with the Competition Commission of India (CCI) alleging abuse of dominance by the Ericsson whilst negotiating a Standard Essential Patents (SEPs) licensing agreement in 2013. The dispute took a new turn  on 15th April 2014,  when Ericsson sued Intex at the Delhi High Court for infringement of eight Standard Essential Patents (SEPs). The matter came up for hearing before Justice R S Endlaw. Ericsson argued that Intex’s tactics for licence procurement

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SpicyIP Tidbit: Astrazeneca sues Glenmark for infringement of anti-diabetes drug Saxagliptin

/ By / Drug Regulation, Patent

UK based Astrazeneca has sued Indian drugmaker Glenmark for patent infringement of its drug Saxagliptin, an anti-diabetes drug. The dispute arose due to Glenmark’s production and export of the drug Saxagliptin Monohydrate (API) in India, based on the Controller’s permission allowing Glenmark to manufacture the drug. Astrazeneca holds a patent in India until 2025 for the same drug. The Delhi High Court has granted a  status quo order on the matter, allowing Glenmark to continue manufacturing the drug. Glenmark has

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Health Ministry’s plans to compulsorily licence Dasatinib hits DIPP roadblock

/ By / Drug Regulation, Patent

News reports indicate that the Government has been treading carefully regarding decisions to compulsorily licence drugs. This is in the wake of severe criticism of the Indian IP regime from Big Pharma and a few first world countries, most notably the US. As per the report, the Government was considering granting compulsory licence to three drugs, and ultimately the decision boiled down to one drug- Dasatinib. Dasatinib is the cancer drug for which BDR Pharma’s application for a compulsory licence was rejected by the Indian

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Enforcement Directorate swoops on violators of the Trademarks Act

/ By / Trademark

In an unprecedented move, the Enforcement Directorate has slapped money laundering charges on two Indian firms for violation of the Trade Marks Act. In April 2013, the Steel Authority of India (SAIL) lodged a complaint with the Chhattisgarh Police against two Raipur-based companies (Ms Alankar Alloys Pvt Ltd and Ms Pankaj Ispat Ltd) for manufacturing TMT steel bars for using the SAIL trademark without authorisation.  Our readers may be aware that under the Indian Trade Marks Act it is an offence

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AIDS Activists stage protest against Big Pharma at the Economist’s Pharma Summit 2014

/ By / Drug Regulation, Patent

The recently concluded Economist Events’ 20th Annual Pharma Summit held in London was witness to picketing and protests by AIDS activists demanding an end to Big Pharma’s interference in South African Patent law reforms. The theme of this year’s summit was ‘Reinventing Business Models and Markets’, which observed the challenges the pharmaceutical industry faced in the current climate and the future of life science innovation. Expectedly, the event was high profile and attended by Companies like MSD, Pfizer, Sanofi Aventis

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FRANDly Wars at Delhi HC: Ericsson cries foul play against Intex; CCI barred from adjudicating the dispute

/ By / Competition Law, Patent

In 2013, Intex filed a complaint against Ericsson with the Competition Commission of India (CCI) alleging abuse of dominance by the Ericsson whilst negotiating a Standard Essential Patents (SEPs) licensing agreement. Intex, an Indian mobile handset maker complained that the terms of the agreement were highly unfair and discriminatory, and in particular claimed that the royalty rates demanded by Ericsson were extremely high. The CCI made a prima facie determination of abuse of dominant position and ordered an investigation under Section 26

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NationSpeak at the WIPO Standing Committee on Patents

/ By / Innovation, Patent

“A patent is a social product and has a social function”, stated India’s speaker to drive home the point of equitable access to healthcare at the recently concluded 20th Session of the WIPO Standing Committee on Patents (SCP) in Geneva. The SCP was created in 1998 to facilitate WIPO member states to discuss international development of patent law. All WIPO members are allowed to participate in the annually held sessions and NGOs can attend as observers and make “interventions”. The

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Abhay Deol’s courageous stand against T-Series prompts Artists to defy exploitative Music Labels

/ By / Copyright

Indian music artists have found support in Abhay Deol in their fight against exploitative record labels. Abhay Deol is a Bollywood actor known for his offbeat roles. Last week, the actor put up a facebook post asserting his stand against record labels which force artists to assign their royalty rights in contravention of the Copyright Act. It seems despite the amendment to the Copyright Act which provides that the author of a literary or musical work incorporated in a cinematograph film or

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