Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

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A Petition to Shutdown the IPAB and Shift Its Functions to High Courts and Commercial Courts

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A few weeks ago we had an interesting series of posts on SpicyIP, debating the role of the Intellectual Property Appellate Board (IPAB) and whether it should continue to exist. Along with our former blogger Rahul Bajaj, who is currently a Rhodes Scholar at Oxford, I have drafted the petition below requesting the government to consider a proposal to scrap the IPAB and transfer its functions back to commercial courts and High Courts. We intend to send it to the…


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Cross-Border Data Flows in WTO Law: Moving Towards an Open, Secure and Privacy-Compliant Data Governance Framework

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We have for our readers today an invited guest post from Neha Mishra, currently a post-doctoral fellow at the Centre for International Law, National University of Singapore. Neha earned her BA.LLB degree from NLS Bangalore several years ago (where we were classmates) after which she practised law briefly in London and India. She then went on to collect degrees in law and public policy from the London School of Economics, National University of Singapore and finally a PhD from Melbourne…


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Former IPAB Chairperson Supports the Scrapping of IPAB, while IP Lawyers Continue to Live in Denial

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Last week, Arun responded to my piece to shut down the IPAB and shift back its functions to the High Courts. I am not surprised – Arun’s firm makes a healthy living by filing matters before the IPAB. I have been speaking to several other people on this issue including former Chairperson of the IPAB, Justice Prabha Sridevan who was kind enough to point me to an opinion piece she wrote many years ago in the Hindu calling for the…


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The Case for Shutting Down the Intellectual Property Appellate Board (IPAB)

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(This post has been co-authored with Prannv Dhawan, 3rd year B.A. LL.B. (Hons.) student at  NLSIU, Bangalore) This year marks the 17th year of existence of the Intellectual Property Appellate Board (IPAB) and in this post, we are going to lay down a case for shutting down the IPAB and transferring its powers and case-load back to High Courts. Originally setup under the Trade Marks Act, 1999 to hear appeals against the trade mark registry, as well as rectification petitions…


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A Weak Case against America’s Suspension of GSP Benefits for India?

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I read with interest, and some puzzlement, Srividya’s speedy rebuttal to my post yesterday where she examines America’s case for suspending GSP benefits. It is in keeping with a tradition that we have where I write a piece and she responds to a couple of lines from my piece. Please click here for the previous edition. I am not quite sure how we went from discussing Bayer’s licensing woes to COVID-19 and food shortages but since the door has been…


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End of the Road for Bt Licensing Royalties in India

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Reuters recently reported that the Government of India has “axed” the royalties that over 45 Indian seed companies had to pay Bayer (which acquired Monsanto) under IP licensing agreements which have been the centre of a massive legal dispute between Monsanto (before its acquisition by Bayer) and Nuziveedu (one of India’s biggest seed companies) for the last five years. For years, the Bt licensing agreements have earned Monsanto a fortune. While I don’t have the figures readily at hand, a…


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The Need for an IP Policy to Build a Strategic Stockpile for Pandemics

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Just as the country is coming to terms with the reality of the COVID pandemic, we are being warned of mass shortages of everything from quality masks to hazmat suits to diagnostic kits to ventilators and other crucial medical equipment. The Health Ministry should have prepared strategic stockpiles of this material in preparation of such a pandemic but unfortunately this has not been done. The challenge now for India, is to rapidly build up a stockpile that can cater to…


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An Overview of the Lobbying against Indian IP Law before the USTR

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Every year, the United States Trade Representative (USTR) conducts hearings for its ‘Special 301’ report. The report which draws its name from Section 301 of the Trade Act, 1974 is meant to name and shame America’s trading partners based on their efforts to protect American intellectual property. This report then feeds into other reports by the USTR, such as the National Trade Estimate on Foreign Trade Barriers which forms the basis of the American President’s trade policy. In almost all…


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As Justice Manmohan Singh Gets Another 6 Months on IPAB, an Ethical Quandary for the Lawyers of AIPPI

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The Appointments Committee of the Cabinet (ACC) issued an order on Monday, with the Supreme Court pointing a gun at its head, appointing Justice Manmohan Singh to the Intellectual Property Appellate Board (IPAB) until September 21, 2020 despite Justice Manmohan Singh having hit the statutory retirement age on September 21, 2019. The ‘gun’ in question was a highly irregular order passed by the Supreme Court on December 20, 2019 in a petition filed by AIPPI (Association Internationale pour la Protection…


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Parachute Disparagement Case: A Trivial Error or Actual Malice?

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I read with interest Latha’s post published yesterday on why the ‘Bearded Chokra’ would be liable for disparagement even under the ‘actual malice’ standard. Needless to say, I disagree because it is an incorrect understanding of the ‘actual malice’ standard that undermines the essence of the fundamental right to free speech under Article 19(1)(a) and goes against one of the core values that have sustained SpicyIP since its inception. I am yet to find an instance in our young history…


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