COVID-19 Drug Regulation Patent

Indian Govt. Permits Manufacture of Covaxin by Haffkine Institute – But Why Not Others Too?


(This post has been co-authored with Swaraj Barooah) In what seems like a  whiff of good news amidst the debacle surrounding availability of  COVID-19 vaccine in India, the Central Government has permitted the Haffkine Institute to manufacture Covaxin, on  a “technology transfer” basis, for a period of one year. This is definitely needed and hopefully will address the vaccine shortage in the country to some extent. But does this mean that the Central Government had the IP and technology transfer…


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Patent

Madras High Court Grants Interim Injunction to Kibow Biotech, Making Problematic Observations on Patentability of Subject Matter


Recently Madras High Court added another tale in the litigation scrimmage between US corporate Kibow Biotech and Indian entities La Renon Healthcare Pvt. Ltd. and Stanford Labs Pvt. Ltd. (not to be confused with the American university) by “making absolute” a previously granted interim injunction against the Indian entities, via its order dated 01/04/2021 (pdf).  Back in 2013 we had reported about a rare occurrence in Indian IP litigation where the IPAB’s order against the revocation of a patent was…


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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark Uncategorized

Breaking: President Promulgates Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021


IPAB has been in the eye of the storm since its inception. While there are ardent believers of the institution (See here and here), there are equally strong arguments by the ones against it (few of them advanced by the former Chairperson of the institution itself!) (See here here and here). A few months ago, the Executive seemingly laid the debate to rest by introducing the Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposing to scrap IPAB. However,…


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Geographical Indication

The Third to Tango: After Pakistan, Nepal Opposes India’s GI Application for Basmati


In November, 2020, Varsha wrote a detailed piece on the ongoing dispute between India and Pakistan on registration of GI over Basmati in the EU. Seemingly, after months of speculations (here and here) Nepal has finally joined the fight, opposing India’s application. This perhaps makes it the first IP disputes between the three South Asian countries.  While a more detailed post on this opposition will follow soon, I would like to quickly highlight a few interesting facts surrounding this event…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Justice Manmohan Singh Holds Hearings at IPAB Despite Supreme Court Ruling


Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement (pdf) expressly noted that the tenure of the incumbent Chairperson ended on 21.09.2019 and further rejected the notion that the incumbent must remain as the…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Breaking: Finance Minister Proposes a Draft Bill in Lok Sabha to Shut Down IPAB


Just hours ago we broke the story about the Supreme Court judgement (pdf) dismissing the application seeking extension of the incumbent IPAB Chairperson and now we are in knowledge of an immensely interesting Draft Bill (pdf) introduced in the Lok Sabha which proposes to shut IPAB for good! The Bill was introduced the day before yesterday (11.02.2021) by the Union Finance Minister Ms. Nirmala Sitharaman, bearing the title “The Tribunals Reforms (Rationalisation And Conditions Of Service) Bill, 2021”. While seeking…


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Copyright Geographical Indication Patent Plant Variety Protection Trade Secret Trademark

Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson


Hitting the (seemingly) final nail and ending the trail of extension requests, the Supreme Court via its order yesterday (12/02/2021 (pdf) ) dismissed the application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was filed by the AIPPI (aka the International Association for the Protection of Intellectual Property) and was a part of a writ petition which was disposed of by the court after tagging it to Madras High Court Bar Association decision….


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Patent

Delhi High Court Interprets ‘Export’ as ‘Use’ in India; Grants Interim Injunction to Lundbeck


The Delhi High Court passed an order last month in the matter of H Lundbeck A/S v. Hetro Drugs Ltd., whereby it ruled that “export of the products from India would amount to use of the product in India” under Section 107 of the Patents Act. While according this meaning to the term ‘export’, the court however, did not elucidate on the reasoning for its interpretation. The present post will discuss why the present ruling is inconsistent with the nature of…


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Copyright Geographical Indication Others Patent Plant Variety Protection Trademark

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions


Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court passed a detailed judgement in Madras High Court Bar Association v. Union of India last month, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (or Tribunal Rules 2020). Among other things, the decision is crucial for its observation on appointment of the Chairpersons, Vice-Chairperson and Technical Members to…


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Others Patent

As 15 Asia Pacific Countries Sign RCEP, India Chooses to Sit Out


Last week, ten south-east Asian countries along with Japan, China, South Korea, Australia and New Zealand signed the Agreement on Regional Comprehensive Economic Partnership (RCEP) making it the world’s largest trade bloc. Initially projected as the alternative to Trans Pacific Partnership, the negotiations for this free trade agreement (FTA) were underway since 2012 and after 31 rounds (as per Wikipedia), the member states finally sealed the deal four days ago via a video conference. While some reports suggest that the…


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