COVID-19 Patent

Govt Urged to Revoke Patent for Gilead’s Potential Anti-COVID19 Drug Remdesivir

Recently, the Cancer Patients Aid Association (CPAA) wrote to the Health Ministry and the Pharma Ministry urging them to revoke the Indian patent granted to Gilead’s Remdesivir, an anti-viral drug that is being tested as a potential cure for COVID-19.  With Remdesivir being granted a patent as recently as February 2020, CPAA has sought its revocation immediately under Section 66 of the Patents Act, 1970 on the ground of public interest and Section 64 of the Act on the ground…

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Copyright COVID-19

CovEducation, Copyright and Fair Use in India

The coronavirus pandemic and the consequent lockdowns across the globe has completely turned our everyday lives upside down. Social distancing, work from home and online classes are the current norm. While we adjust to this new normal, issues surrounding the uncertainty of how copyright law applies to online education have cropped up. This post analyzes the position of Indian law on the copyright related questions that have arisen in other jurisdictions in the wake of online teaching and the scope…

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Copyright Trademark

Bombay HC Denies Interim Injunction to Zee Against ‘De Dhakka’ Film Sequel

A Single Judge of the Bombay High Court recently passed an order in the case of Zee Entertainment Enterprises v. Ameya Vinod Khopkar & Ors. The case concerned an allegation of copyright infringement and passing off in respect of the film ‘De Dhakka’. The Plaintiff had sought a permanent as well as an ad-interim injunction restraining the Defendants from producing a sequel of the film under the title ‘De Dhakka 2’. The Court refused to grant an ad-interim injunction, holding…

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Comparative Advertising COVID-19 Trademark

India’s First Covid-19 IP Dispute? Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark

In what seems to be India’s first (reported) coronavirus related IP dispute, Hindustan Unilever (HUL) took Reckitt Benckiser (RB) to the Bombay High Court over RB’s most recent Dettol handwash advertisement, alleging that it disparages HUL’s Lifebuoy soap trademark. Background The case came to the court after the HUL (‘Plaintiff’) came across RB’s (Defendant) advertisement promoting its Dettol handwash, which portrayed that bar/solid soaps aren’t as effective as the liquid soap for washing hands, which is particularly important for tackling…

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SpicyIP Weekly Review (March 9 -15)

Topical Highlight  In an extremely topical post, Swaraj wrote about how COVID-19 (Corona Virus) has brought forth the tension between public health and private-profits. Given the widespread panic, there have been many calls for delinking R&D costs from drug prices and finding new pharmaceutical innovation models. Swaraj notes that while open-access, open sharing of information along with greater calls for collaboration have been used in the emergency response, big pharmaceutical companies are still pushing for greater IP protection and liberty…

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No Reasons Why : Questioning Delhi HC’s Interim Injunction against Sun Pharma in Novartis’ Nilotinib Patent Infringement Suit

On 20th February, the Delhi High Court in Novartis Ag & Anr v. Sun Pharmaceutical Industries passed an order issuing a temporary injunction restraining Sun Pharmaceuticals from launching its generic version of Novartis’ Nilotinib. The injunction was granted on the grounds that there was a prima facie case in favor of the plaintiff, that the balance of convenience also lay in favour of them and that they would suffer an irreparable loss without the injunction. Yet, there is no recording…

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Another Amazon Original : How Amazon is Making and Breaking Trademarks

If you browse through Amazon while shopping for something, you’d notice that apart from some unbelievable discounts, most of the brands offering these products are relatively obscure and that you are coming across such a brand name for the first time even though their product with its specs and features looks like it belongs right in your cart. If you are someone who has been using Amazon for a few years now, you’d have also realized that there is a…

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Drug Regulation Patent

Delhi HC Issues Notice on Petition Challenging Price Control Exemptions for Newly Patented Drugs

The Delhi High Court recently issued notice on a petition by All India Drug Action Network (AIDAN) that challenged the Drug (Prices Control) Order 2013 and Drug (Prices Control) Amendment Order, 2019. The specific averments were concerning Paragraph 32, which is the list of exemptions, of DPCO 2013 and the amendment to it by the 2019 Order. Para. 32 of DPCO 2013 creates an exemption from price control for new drugs patented under the India Patents Act, 1970, thereby creating…

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