Author name: 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).

Evading the mandatory royalty sharing provisions of the copyright amendments through a choice of foreign law: Is it possible?

/ By / Copyright

Eight months after the Copyright (Amendment) Act, 2012 sailed through Parliament, I’m told that at least some composers & lyricists are involved in intense negotiations with producers, with both sides trying to interpret to their advantage the new amendments inserted into the Copyright Act. The most contentious provisions are the provisos in Section 18 and Section 19 which mandatorily requires that all royalties earned from exploitation of the music and lyrics as a part of a cinematograph film be shared […]

Evading the mandatory royalty sharing provisions of the copyright amendments through a choice of foreign law: Is it possible? Read More »

DIPP to issue CLs for Herceptin, Dastinib & Ixabepilone – End of the line for Big Pharma’s patents in the Indian market?

/ By / Patent

Abantika Ghosh of the Indian Express, has reported in today’s edition that the Department of Industrial Policy and Promotion (DIPP), the nodal department of the Government of India’s handling IP policy “has started the process of issuing compulsory licences for three commonly used anti-cancer drugs, Trastuzumab (or Herceptin, used for breast cancer), Ixabepilone (used for chemotherapy) and Dasatinib (used to treat leukaemia).”The report mentions that the compulsory licences can be issued under both Section 84 and Section 92 of the

DIPP to issue CLs for Herceptin, Dastinib & Ixabepilone – End of the line for Big Pharma’s patents in the Indian market? Read More »

The IPO’s draft guidelines for biotechnology patents – A cause for worry?

/ By / Patent

Image from here Close on the heels of finalizing the guidelines for examination of patent applications related to traditional knowledge (TK) and biological materials, the Controller General of Patents has recently published guidelines for the examination of ‘biotechnology patents’. The guidelines can be accessed over here and the public notice can be accessed over here. Comments on the same are due by the 11thof January, 2013. I invite our readers to send in guest posts on the issue, to be

The IPO’s draft guidelines for biotechnology patents – A cause for worry? Read More »

Off-topic: Lowering the Bar at the Delhi High Court

/ By / Uncategorized

Image from here Usually, I try to keep away ‘off-topic’ issues on the blog but some of the recent events at the Delhi High Court, involving the boycott of Justice Valmiki Mehta are simply too shocking to ignore and I felt compelled to discuss the issue on the blog. Apparently, upset with the way in which Justice Valmiki Mehta was running his court room, the Delhi High Court Bar Association (DHCBA) resolved through its executive committee that “members of the

Off-topic: Lowering the Bar at the Delhi High Court Read More »

SpicyIP Events: The First NLS-TIOL Taxation Law Conference

/ By / Event

  The Moot Court Society of National Law School of India University, Bangalore, in association with Tax India Online, is organising the 1stNLS-TIOL Taxation Law Conference on 6th January, 2013 along with the NLS TIOL Moot Court Competition. The Conference seeks to trace out the developments since the proposed introduction of General Anti-Avoidance Rule in the Finance Act, 2012. While the Shome Committee has made certain recommendations that provide clarity with respect to the application of GAAR, some recommendations are

SpicyIP Events: The First NLS-TIOL Taxation Law Conference Read More »

SpicyIP Tidbit: It is time to test the claim of patient assistance programs by Big Pharma

/ By / Uncategorized

One of the constant refrains from Big Pharma companies involved in patent litigation against generic companies in India is that they are targeting only the prosperous middle class which can afford their drugs and not the poor of the country, to whom they supply their drugs free under their patient assistance programs.  It is time somebody tested these claims by Big Pharma companies in India. Any Big Pharma company making such a claim in open court should be made to

SpicyIP Tidbit: It is time to test the claim of patient assistance programs by Big Pharma Read More »

American Court rules against confidentiality for Cadila’s ‘in-house’ Indian counsel

/ By / Uncategorized

Image from here In an opinion rendered on the 19th of October, 2012 the United States District Court for the District of Delware ruled against Cadila Healthcare Ltd’s plea that its communications involving its Indian ‘in-house’ counsel were privileged and confidential under Indian law. While the opinion does not lay out the background context, I presume that the request was made by the plaintiffs in the litigation during the course of discovery.  The U.S. Court had appointed Justice Sri Krishna,

American Court rules against confidentiality for Cadila’s ‘in-house’ Indian counsel Read More »

Guest Post: Beg to Differ

/ By / Copyright

We have today for our readers, a guest post by Mr. Jagdish Sagar, an independently practicing lawyer, who in my opinion is one of the leading authorities on copyright law in India. He was formerly a partner at Anand and Anand, till 2011. Prior to that he was a civil servant till  2004. During his service with the Central Government he served as the Joint Secretary of the Ministry of Human Resources & Development in the earlies 1990s and was

Guest Post: Beg to Differ Read More »

Civil society sounds the war cry for affordable Herceptin – Roche’s worst nightmare comes true

/ By / Uncategorized

A coalition of NGOs, breast-cancer-survivors and academics have shot off a letter to the Prime Minister of India demanding measures to ensure that Herceptin, the breast cancer drug sold by Roche is made more affordable for Indian women. The letter dated 5th of November, 2012 can be foundhere and does not appear to have been picked up by the mainstream media as of yet. You can join the Facebook group over here. The letter provides the Prime Minister with details

Civil society sounds the war cry for affordable Herceptin – Roche’s worst nightmare comes true Read More »

SpicyIP Tidbit: Bayer makes an attempt to nix NATCO’s CL for Nexavar

/ By / Uncategorized

Image from here Bayer Corporation, which earlier this year lost its bid to oppose NATCO’s application for a compulsory license (CL) for its Nexavar patent, is now attempting to terminate the CL on the grounds that NATCO has violated the terms and conditions of the CL by exporting its generic version of Nexavar to Pakistan and China. The Controller General’s order was very clear that NATCO was licensed to market the drug only within the territory of India.  Bayer had

SpicyIP Tidbit: Bayer makes an attempt to nix NATCO’s CL for Nexavar Read More »

Scroll to Top