Balaji Subramanian

Balaji Subramanian

Balaji is a third year student at NALSAR, Hyderabad. He is currently an editor of the Indian Journal of Intellectual Property Law. He is fascinated by technology law and IP law, and is an active member of NALSAR's Technology Law Forum. When he isn't doing law school things, he wanders the country looking for quizzes to participate in. He can be emailed at [email protected]

Copyright

Chetan Bhagat Injuncted Ex Parte in Plagiarism Suit


A Bangalore civil court has issued an O.39 R.1 ex parte interim injunction against Chetan Bhagat and his publishers, restraining them from selling copies of his recent book One Indian Girl. According to Scroll, Anvita Bajpai, a Bangalore-based author, sued Bhagat alleging that the book was plagiarised from her short story Drawing Parallels, published as part of an anthology in 2014. Bajpai wrote a Facebook post detailing her allegation, while Bhagat posted a denial. Copyright law served as a useful way for a…


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Patent

Delhi HC Self-Corrects on Public Interest in Pharma Injunctions


Last week, we examined a new articulation of the public interest standard for the grant of interim injunctions in pharma patent litigation. In Bayer v. Ajanta, Justice Gauba of the Delhi HC held that commercial exports of prima facie infringing products covered by a non-worked Indian patent did not merit injunctive relief, on the ground that such exports generated employment and tax revenue for the state, and it was therefore in the public interest to allow them to continue. There are obvious…


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Patent

Bayer v. Ajanta: DHC Erects New Jurisprudence on Public Interest for Injunctions


On 20 December 2016, Justice RK Gauba of the Delhi High Court heard an interlocutory application under Order 39 Rules 1 and 2 of the CPC filed by Bayer Intellectual Property GmbH in a suit concerning IN225529 (3275/DEL/1998) against Ajanta Pharma Ltd. Bayer asserted that the patent covered vardenafil, a drug used to treat erectile dysfunction, and that Ajanta was manufacturing and selling the drug under its brand Valif. IN225529 The suit patent claims the compound, its derivatives, and pharmaceutical compositions containing…


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Patent

First ever TRIPS amendment enters into force to formalise Para 6 system


In previous posts, we have blogged about the so-called Paragraph 6 System, which reconciles an apparent tension between the competing objectives of protecting patent exclusivity and ensuring access to healthcare in Least Developed Countries (LDCs). Article 31 of the TRIPS governs uses of a patented invention without the authorisation of the patentee. In simple terms, Article 31 regulates the issue of Compulsory Licences by states party to the TRIPS. Article 31(f) clearly provides that CLs shall only be issued “predominantly for…


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Patent

TRIPping Again: India’s D’oh(a) Moment at the 2011 TRIPS Council


In my previous post, I examined the eBay v. MercExchange injunction regime against the TRIPS standards for a compulsory licence. I continue that exercise here, analysing a statement made by the Indian delegation at the 2011 annual review of the Paragraph 6 system in the TRIPS Council. The Paragraph 6 system refers to the General Council’s 2003 resolution on paragraph 6 of the Doha Declaration (not to be confused with the Doha Dream), which essentially consisted of a waiver of…


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Patent

TRIPping on Post-eBay Injunction Jurisprudence in the US


Introduction The right to exclude has historically been among the most fundamental attributes of a patent monopoly around the world. It is for this reason that injunctive relief plays a much greater role in patent law than it does elsewhere, relative to monetary compensation. Does a finding of patent infringement automatically entail an injunction against the infringer? At first glance, this question appears absurdly easy – if the essence of the patent monopoly is the right to exclude, then wouldn’t…


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Drug Regulation Patent

MCI Gives Generic Prescription A Shot in the Arm


Commentators have lamented the lack of a mandatory generic prescription regime in India, with some even pointing to a perceived nexus between pharmaceutical manufacturers (“innovator” companies, to be precise) and doctors, with the former offering incentives to the latter for prescribing branded drugs. Through a notification [MCI-211(2)/2016(Ethics)/131118] dated 21 September 2016, published in the Gazette of India on 8 October, the Medical Council of India has amended the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002. The amendment…


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Patent Trademark

Bottling Fame, Brewing Glory and Taxing the Transfer of IP Licences


A recently pronounced Bombay HC judgement is the latest in a long line of cases dealing with the taxation of licences to use intangible property, with the preceding chapter being written by the same court in Tata Sons v. State of Maharashtra. Given the number of sharply conflicting decisions at the High Court level, it is safe to say that the legal questions at issue have been the subject of as much jurisprudence as juris-imprudence in the past. We’ve covered Tata…


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Others

Assessing the consequences of TRIPS+ FTAs for India: TPP, TISA and RCEP (Part II)


In the previous post, I’d summarised my findings from a study of the TPP, the TISA and the RCEP and their impact on Indian/TRIPS IP and e-commerce norms. Here, I flag specific issues that merit urgent consideration. E-commerce While an important element of the TPP’s Digital Two Dozen (D2D) core principles is the removal of customs duties on all digital products (Article 14.3), this does not create any new international obligation for India. This is because India is a party…


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Others

Assessing the consequences of TRIPS+ FTAs for India: TPP, TISA and RCEP (Part I)


Several recent bilateral and regional Free Trade Agreements (FTAs) appear to be exporting standards of IP protection that extend well beyond those prescribed by the Agreement on Trade-Related Intellectual Property Rights (TRIPS). These FTAs include the Trans-Pacific Partnership (TPP), the Trade in Services Agreement (TISA), the Regional Comprehensive Economic Partnership (RCEP) and the Transatlantic Trade and Investment Partnership (TTIP). In this two-part post, I have scrutinised the TPP, TISA and RCEP that deal with IP and the digital economy vis-a-vis…


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