Author name: Namratha Murugeshan

SpicyIP Weekly Review (July 6 – 12)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Topical Highlight Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles In a guest post, Abhishek Iyer discussed the issue of intermediary liability in light of the Telegram copyright infringement case. The post first discusses the burden of knowledge with respect to e-notices to understand Telegram’s liability given the requirement of ‘specific and actual knowledge’ of intermediaries with respect to infringement of copyrighted material. The doctrine of inducement used in US Courts is discussed to determine Telegram’s […]

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DPCO’s Para 32 Conundrum Continues: Price Control Exemptions for Newly Patented Drugs

/ By / Drug Regulation, Patent

Earlier in February, I had written about a petition filed by AIDAN challenging Paragraph 32 of the Drug (Prices Control) Order 2013 (DPCO) and the Drug (Prices Control) Amendment Order, 2019. Para. 32 of the DPCO creates a provision for the exemption of certain drugs from price control. One of the exemptions under Para. 32, brought in through the 2019 amendment, is for ‘new drugs’ patented under the Indian Patents Act, 1970. The latest provision, after the amendment, reads –

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SpicyIP Weekly Review (June 22 – 28)

/ By / Comparative Advertising, Copyright, Others, Patent, Trademark

Topical Highlight To Mock the Corona Word: Disparaging During the Time of Crisis In a post co-authored with Praharsh Gour, Swaraj wrote about disparagement of the famous beer brand ‘Corona’ given its resemblance to the ongoing pandemic in the context of the Cerveciria Modelo De Mexico v. Whiskin Spirits case. Analyzing the order, it is noted that the Court has not recorded its assessment of the advertisement in granting the ex-parte interim injunction. The post goes on to highlight that

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SpicyIP Weekly Review (June 15 – 21)

/ By / Copyright, Geographical Indication, Others, Patent, Trademark

Topical Highlights Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Divij wrote on the matter of Dainik Jagran suing Telegram for copyright infringement for the circulation of ‘e-papers’ through open Telegram Channels. He analyzes the order that granted an interim injunction in the case of Jagran Prakashan Limited v. Telegram that directed Telegram to provide information about the subscribers/ owners of certain Telegram Channels that were allegedly circulating

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Why is the Patent Agent Exam Held in Only English? : Addressing the Language Barrier to a More Accessible Patent Regime

/ By / Patent

The Government released a public notice for the Patent Agent Examination 2020 sometime in February this year. Around the same time, we received information regarding a grievance to the Prime Minister’s Office on the Patent Agent Exam being conducted only in English and not in Hindi, even though patent applications are allowed to be filed both in English and Hindi. The other issues highlighted in another set of grievances relate to a few discrepancies concerning e-filing of patents in Hindi,

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Bombay HC Denies Interim Injunction in ‘Betaal’ Web Series Copyright Infringement Case

/ By / Copyright

A single-judge Bombay High Court bench recently passed an order refusing an interim injunction to stall the release of the Netflix series ‘Betaal’. The Plaintiff, in this case, Sameer Wadekar, a writer, sought an ad-interim injunction against Netflix Entertainment Services to prevent them from airing their latest series ‘Betaal’. The Plaintiff claimed that the series infringed the copyright held by him in the literary work in ‘Vetaal’. The order denied an ad-interim injunction to the Plaintiff as he could not

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Are Patent Pools an Effective Solution to COVID-19’s IP Barriers?

/ By / COVID-19, Patent

The COVID-19 pandemic has in many ways shown the benefits of collaborative research. Data is being released freely almost every day on preprint servers, which is proving to be crucial for understanding the biology of the virus and in the search for possible drugs and vaccinations. Research and discovery of genome structures too, which has traditionally been limited to private institutions is now being publicly shared on platforms such as GISAID to help researchers and scientists work with open access

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Same Old Disparagement Story: Delhi HC Grants Interim Injunction Against Lifebuoy Ad

/ By / Comparative Advertising, Trademark

A single-judge bench of the Delhi High Court recently passed an order granting an interim injunction in the case of Reckitt Benckiser (India) Private Limited v. Hindustan Unilever Limited. The case concerned an allegation of disparagement caused to the Plaintiff’s product Dettol antiseptic liquid by the Defendant’s Lifebuoy soap commercial. After the Plaintiff proved a prima facie case of disparagement, the Court granted an interim injunction restraining the Defendant from airing the advertisement until the final decision in the suit.

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

/ By / COVID-19, Patent

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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CovEducation, Copyright and Fair Use in India

/ By / Copyright, COVID-19

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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