Balu Nair

Balu Nair

Balu is a graduate of the WB National University of Juridical Sciences and is currently practising law at the Madras High Court. He can be reached at [email protected]

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SpicyIP Weekly Review (January 8-14)


The topical highlight for the week was undoubtedly the raging issue of discrepancy in the viva scores in the Patent Agent Exam 2016. Through this timely post, Pankhuri brought our attention to the gross disparity in the viva scores of candidates who had tallied almost the same scores in the written examination. In the course of this post, she also pointed out the gulf in the average viva scores observed across different examination centres. Pankhuri notes that while the need…


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Copyright

Bom & Del HCs Get Strict with Collecting Societies: Demand Proof of Authorisation


In a series of orders, the Delhi and Bombay High Courts have highlighted the need for greater transparency in collection of licence fee and directed the collecting societies (IPRS, PPL etc.) to publish proof of their right to collect license fee. In two separate orders of the Bombay High Court (see, here and here) and one by the Delhi High Court (see here), the Courts have provided for interim mechanisms by way of which the collecting societies can take licence…


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Copyright

Delhi HC Brings More Christmas Cheer: Restrains IPRS et al. from Issuing Licences in Violation of S.33


In the latest development involving “copyright societies” under the Copyright Act (“Act”), a Single Judge of the Delhi HC has restrained three entities- Indian Performing Rights Society (“IPRS”), Phonographic Performance Limited (“PPL”) and Novex Communications from issuing or granting licenses in breach of S.33 of Act. The interim order passed by Justice Sanjeev Sachdeva, came in a Writ Petition (“Petition”) filed by M/s Event and Entertainment Management Association (“Petitioner”) and has directed IPRS, PPL and Novex to refrain from any…


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Copyright

Breaking News: Del HC Division Bench Rules in Favour of Safe Harbour for Intermediaries in MySpace-T Series Copyright Dispute


In a path breaking judgment (“Judgment”), a Division Bench of the Delhi High Court has reversed the findings arrived at earlier by a Single Judge (Justice Manmohan Singh), on the question of intermediary liability and held that that intermediaries are immune from liability against copyright infringement for third party content unless “actual knowledge” on their part can be proved. The Bench, while arriving at the decision, has ruled that S.79 of the Information Technology Act, 2000 (“IT Act”) provides a…


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Patent

Proportion of Women Inventors on the Rise, Say Two New Studies


A brief while ago, I had published a piece on the interface between gender and IP. One of the key take- aways from the post was that the number of women patentees worldwide is extremely low as compared to men. Two recently published studies- one by the UK Intellectual Property Office (“Study 1”) and another, a working paper of WIPO (“Study 2”) – point out that the gender gap among inventors is slowly but surely being bridged across the world….


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Others

Latest ‘Access to Medicine Index’ Released


The latest ‘Access to Medicine Index’, a biennial study that ranks the top 20 innovator companies on 7 parameters related to access, has been released for 2016 (for our coverage of the 2008 and 2014 Indices, see here and here). The Index assesses how effectively the top 20 research-based pharmaceutical companies make medicines, vaccines and diagnostics more accessible in the middle and low income countries. It is brought out by ‘The Access to Medicine Foundation’ funded by the UK Department…


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Others

SpicyIP Weekly Review (November 6-12)


The topical highlight of the week was Prashant’s piece on the impact of Donald Trump’s ascendancy to power, on Indian IP law and policy. Prashant starts off by pointing out the grand declarations made by the President elect who in his manifesto has declared that he will make use of every lawful presidential power to remedy trade disputes if China does not stop its plethora of illegal activities. Prashant traces the brief history of America’s policies starting from the Regan…


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Drug Regulation

Major Changes on the Cards for Drug Pricing Policy?


In a week when the cash in your hand was turned to pulp and the possibility of the planet itself being turned into pulp in the next four years became alive, it is hard to see any other news grabbing the headlines. Nevertheless, we have news which could potentially capture reader attention once the dust settles on the current events and life (hopefully) goes back to normal. As per reports (see, here and here) an “overhaul of drug policy” is…


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Drug Regulation Patent

Dozing DoP Wakes Up: Consults Ministries on Price Regulation of Patented Drugs


Vasundhara had recently alerted us about the Parliamentary Committee on Government Assurances pulling up the Department of Pharmaceuticals (‘DoP’) for their inaction on the control of patented drug prices. As reported by Live Mint, the chastising seems to have worked for the time being as DoP has now sought the views of different ministries on price regulation of patented drugs. Apparently, the Department of Industrial Promotion and Policy (‘DIPP’) is simultaneously examining if there needs to be a change in…


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Others

SpicyIP Weekly Review (October 16-22)


The topical highlight for this week is Rahul’s coverage of CSIR Director’s call to its affiliated laboratories to refrain from ad-hoc and unprincipled patenting of their inventions without undertaking a techno-commercial and legal evaluation. The Director admonishes both the reluctance of labs to find suitable licensees as well as their neglect in renewing the patents once the concerned scientist retires. He also points out that, given the high filing costs incurred by CSIR, approximately to the tune of 56 crores,…


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