Author name: Praharsh Gour

Supreme Court Refuses to Interfere in the Risdiplam Case, Rejects Roche’s SLP 

/ By / Patent

In our previous post on the Risdiplam saga, we had mentioned that Roche has filed an SLP before the Supreme Court. Earlier today, the SC dismissed this SLP with instructions to the High Court that it shall endeavour to dispose of the suit expeditiously. Roche raised the usual arguments on rare diseases, that very few companies invest in them, and that they came up with this drug after a lot of research. And stated that they were able to come […]

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Breaking: DHC Dismisses Roche’s Appeal in the Risdiplam Case

/ By / Patent

In a huge development concerning the Risdiplam litigation saga, a division bench of the Delhi High Court has rejected the appeal against the order refusing to grant an interim injunction to Roche. Pronounced just a few mins ago, in the decision, J. Hari Shankar (for the bench) said that a credible challenge has been made on grounds listed in Section 64 (1)(f) against Roche’s patent and thus refused to interfere with the Single judge’s judgement. For the uninitiated, Section 64(1)(f)

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Taking a Look at the Patent Provisions from the India-UK CETA: Does it Set a Course for Future Trade Negotiations for India?

/ By / Patent

Two months after showing up in the news, the text of the India-UK Comprehensive Economic and Trade Agreement (CETA) was signed and published on July 24. The Agreement is being touted as a “Historic” and “Landmark” trade deal, which is supposed to give unprecedented market access to Indian goods in the UK. This comes at an interesting time, in the midst of ongoing India-US trade agreement talks, which are being conducted under the looming threat of August 1 reciprocal tariff

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Supreme Court to Hear Patent Officers Association’s Challenge to Dr. Unnat P. Pandit’s Appointment as the Controller General

/ By / Others

The heated battle between the incumbent Controller General of Patents Designs and Trademarks and the All India Patent Officers’ Welfare Association (AIPOWA) reached the doorsteps of the Supreme Court this summer in the form of a special leave petition. The petition stems from the Delhi High Court’s refusal (pdf) to entertain AIPOWA’s writ challenging the appointment of the incumbent Controller General- Dr. Unnat P Pandit. The association challenged the appointment of Dr. Pandit, alleging him to be ineligible for the

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Whirlwind of Changes Expected in India’s Patent, Copyright, and GI Regimes as India and the UK Finally Finalize the FTA 

/ By / Copyright, Others, Patent

Running a few years behind the initial 2022 Diwali deadline, India and the UK have finally concluded their talks on the Free Trade Agreement (FTA). Projected as an “ambitious and mutually beneficial” FTA, the agreement marks a significant step for both economies. Reportedly, this is the UK’s biggest trade deal since Brexit and on the Indian side, it shifts the focus from east to west, in terms of bilateral trade partnerships, and saw India negotiating on many non-trade issues like

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Comments Invited for Draft Guidelines on Similar Biologics

/ By / Drug Regulation

On May 6, the Central Drug Standard Control Organization published the draft version of the Revised Guidelines on Similar Biologics, inviting comments from the concerned stakeholders. These guidelines were prepared after a Committee composed of technical subject experts, representatives from the National Institute of Biologics, Dept. of Biotechnology, and representatives from industries manufacturing similar biologics. As explained in the introductory pages, the guidelines are revised in light of advances in scientific knowledge and to update the existing guidelines in light

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Plagiarism and PMLA: Taking a look at the ED’s involvement in the Shankar- Tamilnandan “Enthiran” Copyright Saga

/ By / Copyright

[This post has been co-authored with Anjali Tripathi. Anjali is a fourth-year law student at JGLS with an interest in IP rights, access to education, and the creative arts. Her previous post can be accessed here.] In a big relief to movie director Shankar, the Madras High Court today stayed the Enforcement Directorate (ED)’s decision to provisionally attach his assets worth ₹10.11 crore under the Prevention of Money Laundering Act (“PMLA”), 2002. On February 20, the ED released a press

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Striking the Right Chord: How the New MoU and Proposed Standard Agreement Aim to Give Screenwriters, Lyricists, and Composers Their Due Credit

/ By / Copyright

[This post has been co-authored with SpicyIP Intern Suhani Chhaperwal. Suhani is a third year law student at NLSIU who loves to write on IP and tech issues.] The recently signed Memorandum of Understanding (MoU) between the Screen Writers Association (SWA) and the Music Composer Association of India (MCAI), along with the talks of a standardised agreement for screenwriters give a huge impetus to the cause of due recognition and fair remuneration to these authors. The struggles of screenwriters, lyricists,

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The Philips DVD SEP Case: Looking at the DHC’s Decision on Foreign Applications and Damages

/ By / Patent

In an interesting development for SEP watchers, the Delhi High Court (DHC) passed a common judgement (Philips v. Maj. (Retd) Sukesh Behl) in three cases concerning allegations of infringement of a Standard Essential Patent relating to Philip’s DVD player technology. Filed in 2012, the decision comes after 13 years with the litigation having outlived not only the suit patent, and the DVD industry, but also the institution that declared it essential!! Interestingly this becomes the second full judgement on a

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Chalo Delhi! Office of CGPDTM Moves to New Delhi

/ By / Copyright, Geographical Indication, Patent, Trademark

CGPDTM has a new address- New Delhi. Ten days ago, the plan to shift the office from Mumbai to New Delhi, and the consequent social media spat between the Commerce Minister and Aditya Thackeray were in the news. After clarification by the Commerce Minister on his social media account and a round of political banter, discussed here, the Ministry of Commerce has published a short notification announcing that the headquarters of the CGPDTM along with the Establishment and Finance Division has been

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