Patent

Bombay HC Addresses Ambiguity in the Patent Agent Examination


The Bombay HC recently delivered an order dealing with certain objections raised against the Patent Agent Examination, 2016. In their decision, they interpreted the Supreme Court’s decision in Kanpur University v. Samir Gupta (“Kanpur University”). This post examines the questions which arise due to the Court’s interpretation and application of this decision. The Question in Issue The Petitioner (a candidate who appeared for the said Examination) raised contentions regarding the answer options of a multiple choice question in the Examination…


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Others

SpicyIP Weekly Review (September 3-9)


Thematic Highlight  In Prashant’s latest update on the bedaquiline  controversy, he discusses about how The Hindu’s science editor pitched for increasing access to bedaquiline to treat MDR-TB. In response to this, he reiterates his argument in earlier posts: Since Phase III trials for the drug has not been conducted yet, regulatory approval for the same should not be given. In the latter part of his post, he points out that journalists have not addressed the government’s scandalous consent forms for providing…


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Copyright Overlaps in IP Patent Trademark

Obscenity and Morality under IP Law


  Obscenity under  the Indian Penal Code (“IPC”) is a relic of India’s colonial past. Though the need for such a provision is often subject to debate, it is indisputable that the judiciary’s interpretation of this provision has been often been anachronistic in past instances. The judiciary has, no doubt, evolved from the infamous Hicklin Test (tendency of the impugned material to deprave and corrupt those whose minds are open to such immoral influences) to the contemporary community standards (testing the impugned material against contemporary…


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Others

SpicyIP Weekly Review (August 20-26)


Thematic Highlight This week’s thematic highlight was brought forth by our fellowship applicant, Arth Nagpal. In his submission, he compares ISP liability on parties for copyright infringement in USA and India. He examines the problem of John Doe orders in India and highlights the necessity of reforming the Indian Copyright Act for introducing ISP liability in India. Topical Highlight Sreyoshi wrote a post on a Madras High Court judgment which analysed the issue of whether there had been infringement of copyright…


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Others

SpicyIP Weekly Review (August 6-12)


Thematic Highlight Prashant wrote a special report on certain regulatory restrictions passed by the Ministry of Heath and Family Welfare; the Ministry announced that the Karnataka Antibiotics and Pharmaceuticals Ltd.(a PSU) would be the sole authority for manufacture and supply of the pregnancy drug, oxytocin. In his report, he examines a Himachal Pradesh HC judgment which suggested the need to restrict manufacture of oxytocin to the public sector and claimed that adverse effects were caused by oxytocin. He also examines…


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Competition Law

Star India and Sony in Troubled Waters over CCI Order


[Warning: Long post follows!] The CCI, in a recent order dated 27th July, 2018, passed under Section 26(1) of the Competition Act, 2002 (“the Act”), instructed the Director General to investigate claims of price discrimination made by the Informant, Noida Software Technology Park Limited (“NSTPL”) against Star India Pvt. Ltd. (“Star India”), Sony Pictures Network India Pvt. Ltd. (“Sony”) and Indian Broadcasting Foundation (“IBF”). Factual Overview NSTPL is a distributor of TV content and it uses the new Head-end in…


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Patent

Patent Applicant Withdraws Application of its Own Accord!


In a recent decision dated 26th June, 2018, the Assistant Controller of Patents and Designs exercised his power under Section 15 of the Patents Act, 1970 (“the Act”) and rejected the bid for a patent application. Below, I give a brief description of the patent application and the reasons which led the Controller to come to such a decision, before analyzing the final order. About the Patent Application The applicant, Bayer Intellectual Property Gmbh (Initially, Bayer Animal Health Gmbh was…


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Others

SpicyIP Weekly Review (July 22-29)


Thematic Highlight Prof. Basheer wrote another post on the Novartis AG v. Union of India decision in continuation to his earlier post on a Chinese blockbuster inspired by the Novartis decision. In the first half of his post, he focuses on the Court’s strict construction of the term ‘efficacy’ under Section 3(d) and how Novartis was unable to prove the same in its anti-cancer drug Glivec. He then recounts several flaws in the Court’s reasoning and the decision-making process. He then analyses…


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Others

The New Age of IP Mediation in India


Time for the Argumentative Indian to step down? They say that time is money, but clearly no one seems to adhere to this adage in the Courts of law in India. It’s no news that shortage of judges, inefficient administration, delaying tactics adopted by lawyers and several other factors lead to massive pendency of cases in Indian Courts. About Delays in Indian Patent Examination and Litigation IPR disputes meet the same fate. In particular, delays in patent litigation are quite…


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Others

SpicyIP Weekly Review (July 8-15)


It’s been an interesting week at SpicyIP! Thematic Highlight The second guest post by Prof. (Dr.) N.S. Gopalakrishnan forms the thematic highlight of this week. In continuation to his first post, Prof. Gopalakrishnan states that there has been no report of an individual registering a new variety under the Protection of Plant Varieties and Farmers’ Right Act, 2001 till date. He then proceeds to describe how certain provisions and rules under the Act create confusion with regard to notification of…


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