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]

Overlaps in IP

Trade Secrets and the Right to Information: Thoughts on Ferani Hotels v. State Information Commissioner [Part II]


In my previous post, I discussed the Bombay HC’s ruling in Ferani Hotels v. State Information Commissioner and Ors., in which the Petitioner attempted (unsuccessfully) to prevent the Bombay Municipal Corporation from disclosing its real estate development plans under an RTI application. As I mentioned there, the Supreme Court has never had to issue a decision on S. 8(1)(d) of the RTI Act, which provides for the protection of trade secrets and other information of commercial confidence from disclosure. The…


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Others Overlaps in IP

Trade Secrets and the Right to Information: Thoughts on Ferani Hotels v. State Information Commissioner [Part I]


A recent judgement [PDF] from the Bombay High Court has thrown the spotlight on the interplay between IP protection and the Right to Information Act. Over the course of two posts, I’ll summarise the judgement and try to engage with some of the issues that inhabit its penumbra. By their very nature, the values sought to be protected by IP law seem to be at odds with those sought to be protected by the RTI Act. The former is aimed…


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Others

SpicyIP Weekly Review (12-18 October 2015)


Highlight of the Week This week’s highlight has to be our coverage of the leaked final draft (submitted by the think-tank to the Government) of the National IPR Policy. Swaraj broke the news and shared the draft, after which Prashant Reddy proceeded to tear it apart on multiple grounds. He argues that the policy makes vague, non-committal statements in most areas, and sweeping recommendations without reasons in other places. He observes that the document ignores ground realities, such as the…


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Others Overlaps in IP

SpicyIP Tidbit: New IPR Policy in 2 months


Earlier this week, ET quoted DIPP Secretary Amitabh Kant as saying that the Indian government would be announcing a “completely new” IPR policy in the next two months that would be “one of the finest” in the world. The context of the announcement is as important as the unsaid implication that the current IP policy suffers from some sort of malaise – Kant was responding to a representative from German industry complaining that India’s current regime “hampers growth”. As regular readers…


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Patent

Questionable Witnesses and Unquestionable Reasoning: Observations on Merck v. Glenmark


Wednesday saw the Delhi High Court deliver judgement (PDF) in Merck v. Glenmark, a two-year-long patent infringement case concerning Merck’s patented anti-diabetic Sitagliptin (marketed under the brand name Januvia). This represents the first judgement on merits to decide the fate of a Dipeptidyl Peptidase-4 (DPP-4) inhibitor, a class of drugs that are becoming increasingly significant (both from an economic and a public health perspective) in a country of more than 60 million diabetics. Shamnad culled out the key takeaways from…


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Others

SpicyIP Weekly Review (28 September – 4 October 2015)


Highlight of the Week This week’s highlight has to be Madhulika’s excellent two-part post on the Indian Patent Office’s rejection of Pfizer’s Torfacitinib patent application, for the rheumatoid arthritis drug. In Part I, she examines whether the application is anticipated by prior art where the claimed prior art is not for the same substance but for an enantiomer. Somewhere along the line, she gives us an explanation of chirality and enantiomerism that’s so lucid that it had me wondering why…


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Copyright

SpicyIP Tidbit: Monkey Business and Birthday Songs


American copyright law seems to have seen a couple of interesting developments in the last few days. Over this post I’ll quickly give you the rundown on both. You remember the monkey selfie? If you don’t, here’s a quick recap: a British photographer left his camera unattended in an Indonesian forest, allowing a particularly enterprising (and handsome, in Swaraj’s telling of the story) macaque to pick it up, play around with the buttons and take a bunch of selfies. The…


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Others

SpicyIP Weekly Review (7-13 September 2015)


Highlight of the Week This week’s highlight is Thomas’ two-part post (here and here) on the Ericsson-iBall injunction, in which he provides two layers of analysis – first, he examines the factors upon which the court granted an injunction in the given case; second, he provides a critique of the doctrine of privity of contract under Indian law in its applicability to SEP licensing disputes. On the first count, he finds that the court did not account for the fact…


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Others

SpicyIP Weekly Review (31 August – 6 September 2015)


Highlight of the Week Our highlight of the week has to be Shamnad Basheer v. Union of India – the writ petition through which Shamnad seeks to boost enforcement of commercial working disclosures by patentees of their inventions, both by implementing the provisions of the Patents Act as they stand today and by replacing the current Form 27 framework with a more robust and comprehensive mechanism of public disclosure for patent working. Shamnad broke the news of the Delhi HC issuing notice…


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Events

National Patent Drafting Competition: Disclosures Released


As Kiran reported earlier, IIPRD is conducting a National Patent Drafting Competition to spread awareness on patent issues and enable practitioners to perfect the art of patent drafting. Marking the start of the competition window, IIPRD and Khurana and Khurana have uploaded three invention disclosures on their websites, one each in the categories of chemistry/pharma, electronics/software, and mechanical subject matter. The competition is open until the 20th of September, the deadline for entries. What’s more, the registration fee for SpicyIP…


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