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 Indian academia. He is currently a Research Associate at Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), Singapore Management University.

Copyright

The Ilayaraja-SPB Copyright Dispute – Why the Big Fuss?


As has been reported by multiple news outlets there is a copyright dispute brewing between Ilayaraja and SP Balasubramanyam (SPB), both of whom are national treasures. While Ilayaraja is a music composer, SPB is a singer. Currently on an international tour giving performances around the world, SPB posted an update on his Facebook page informing his fans that he had received a legal notice from Ilayaraja demanding royalties for performing his compositions during the tour. In the same post, SPB…


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Drug Regulation

Delhi High Court Grants Biocon-Mylan Permission to Market New Biosimilar For Additional Indiciations


As reported in the Economic Times on March 4, 2017 a Division Bench of the Delhi High Court has passed an interim order allowing Biocon and Mylan to market their biosimilar of Roche’s drug, Herceptin, for two additional indications: early breast cancer and metastatic gastric cancer. (Although this order was passed on March 3, 2017 it took the High Court’s registry almost 13 days days to make available the order on its website. It is not clear why it took…


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Copyright

Copyright in “Standards”: Taking a look at the PIL by Malamud, Sinha & Kodali against BIS


The issues of copyrights in standards is back in the limelight after a recent judgment of a Federal Court in the US, ruling against Public Resources in a lawsuit filed against it by standards bodies like the American Society for Testing and Materials (ASTM), the National Fire Protection Association (NFPA), etc. Techdirt provides a nice summary and analysis of the judgment. The works at dispute in this case were “standards” which were developed by private bodies but then made compulsory…


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Copyright Patent

The Press Release Journalism Around the GIPC IP Index


It is that time of the year once again – the Global Intellectual Property Centre (GIPC) has released its international IP Index to help measure the global IP environment. As is usually the case with the GIPC index, India is located close to the bottom of the 40-45 countries that are considered for the index. This year the GIPC has placed India at 43rd out of a list of 45 countries. In the past, Swaraj and Kartik have questioned the…


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Copyright

Attention musicians & songwriters: IPRS to hold Extra-ordinary General Meeting on February 9, 2017 to replace its Articles


At long last, the Indian Performing Rights Society (IPRS) will be holding an extra-ordinary general meeting (EGM) on February 9, 2017 to begin the process of overhauling its governing regulations. This has been long overdue since IPRS has been on the wrong end of the law for a long time as we explain here and here. The notice laying down the agenda for the meeting can be accessed on the IPRS website over here. The first item on the agenda…


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Competition Law Drug Regulation

Poorly Drafted Regulatory Laws are Becoming the New Barrier for Indians to Access More Affordable Biotech Products


In highly regulated industries like pharmaceuticals and biotechnology, where all market players are required to prove the safety and efficacy of their products to government regulators, the lack of an efficient regulatory mechanism can act as a substantial hurdle to competition and greater accessibility. In such cases, poor regulation provides IP owners a window to further delay competition even after their patent rights expire. To facilitate better competition in these sectors, it is necessary for governments to create new regulatory…


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Others

Our new book on the history & politics of Indian IP & a free e-book on Indian copyright legislation and parliamentary debates


I’m happy to announce to our readers that the Oxford University Press has recently published a book on Indian IP that I have co-authored with Sumathi Chandrashekharan, who used to blog with us on SpicyIP and who is now with the Vidhi Centre for Legal Policy. The book is titled Create, Copy Disrupt: India’s Intellectual Property Dilemmas and attempts to narrate the history and the politics surrounding India’s intellectual property policies since it declared independence from the British in 1947….


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Trademark

Delhi High Court dismisses trademark infringement lawsuits by Pepsico & Rasna for lack of jurisdiction


The Supreme Court’s decision in IPRS v. Sanjay Dalia continues to torment IP owners who have been abusing the law to create jurisdiction before the Delhi High Court. The victims this time are Pepsico and the owners of the Rasna trademark. In two different judgments, Justice R. K. Gauba has rejected lawsuits filed by both these trademark owners under Section 134 which is the special jurisdictional clause of the Trade Marks Act, 1999. This clause, like Section 62 of the…


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Biological Diversity Geographical Indication Plant Variety Protection Traditional Knowledge

Rice & IP: The ongoing Basmati imbroglio, the ‘Green Rice’ mystery & the IR8 celebrations


Over the last year with the Monsanto-Nuziveedu dispute, India has witnessed one of its biggest IP disputes in the agricultural sector. The Basmati GI dispute also has huge implication but as I’m reminded, often, by several people, geographical indications (GI) do not qualify as IP. These disputes aside, we’ve also come across two other very interesting cases of green rice and IR8 celebrations. Basmati rice – When did geography become an issue? As we’ve written earlier on SpicyIP, there is…


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Copyright

The Times of India gives a spin to a recent SC order on copyrightability of edited judgments


Earlier this week, the Times of India published a news report, by its legal correspondent Dhananjay Mahapatra regarding an appeal by Reeds Elseiver that was dismissed by the Supreme Court on November 23, 2016. Titled ‘No copyright over our judgments: SC’, the following are the opening paragraphs of Mahapatra’s report: For long, a couple of firms had a virtual monopoly over printing judgments of the Supreme Court in book format and selling it to advocates, institutions and others. So much…


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