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.

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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Patent

What Effect will Trump’s Victory Have on Indian IP law and Policy?


The presidential elections in the United States of America have now concluded with Republican Presidential nominee Donald J. Trump winning a closely contested election. Trump’s election campaign has been unprecedented in the history of the United States. Despite being accused of sexual assault, tax evasion, fraud, draft dodging, bigotry, mocking the disabled and a list of other political sins that were considered unpardonable, Trump still managed to defeat Democratic candidate Hillary Clinton in a close contest. One of the reasons…


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Data Exclusivity Drug Regulation Patent

IPA Alleges that New Rule Change will Bring in a Data Exclusivity Regime – Here’s Why I Think it Does no Such Thing


In a report published yesterday in the Bombay edition of the Times of India it has been alleged that the government is proposing a rule change to the Drugs & Cosmetics Rules, 1945 to introduce:  “a form of ‘data exclusivity’, a provision which will potentially give protection to Big Pharma, thereby delaying generic competition and hence impacting access and affordability of drugs.” The source of this information as per the news report is D.G. Shah, the spokesperson of the Indian Pharmaceutical…


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Copyright

A Strange Delhi High Court /judgment on DTH Broadcasting and Copyright Law


In a news report published in the Mint yesterday, Priyanka Mittal and Harveen Ahluwalia reported on a mind-boggling decision of the Delhi High Court in a lawsuit filed by Gulf DTH FC LLC, a Dubai based company against Dish TV India. In short, a company from the UAE, which had exclusive broadcasting rights for certain channels in certain foreign territories sued Dish TV for selling its Set Top Boxes (STB) and subscription to thousands of consumers in these territories. Rather…


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Copyright

Does the DU Photocopy Judgment Place Any Limits on Photocopying?


One of the issues that has arisen out of Justice Endlaw’s judgment in the DU photocopying case is whether it allows for photocopying of entire copyrighted works. Shamnad and Ananth Padmanabhan in two different op-eds in the Indian Express argue that the judgment doesn’t allow for photocopying of entire books because the facts in dispute dealt with the photocopying of an average 10% of various books. I would like to argue otherwise. On the issue of facts, please do refer…


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Plant Variety Protection

Govt. Appoints Nuziveedu Chairperson to PVPFR Authority


The ET recently reported that the Ministry of Agriculture has appointed Prabhakar Rao, Chairman of Nuziveedu Seeds to the Plant Varieties and Farmers’ Rights Authority (“Authority”), a statutory body that is created under Section 3 of the Plant Varieties and Farmers’ Rights Act, 2001 (PVPFRA). As per this provision, the Authority is to consist of 15 members plus a chairperson, all of whom are appointed by the Central Government. This provision also requires the Central Government to appoint one representative…


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Copyright

14 Months Later, the Wait Continues for the Final Report of the Commission of Inquiry into IPRS


As reported earlier on this blog, the Government of India had appointed a Commission of Inquiry on August 14, 2015 to investigate the happenings at the Indian Performing Rights Society (IPRS). The management at IPRS, which is a copyright society for music and lyrics, has been accused of many illegalities, including the siphoning away of royalties. These allegations, against the management (who are basically representatives of some of the largest music labels) date back to 2004. After multiple complaints from…


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