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).

Madras High Court rules against ‘safe-harbour’ for ISPs – a victory for copyright owners

Image from here The Hinduand Medianama, have both recently reported on a judgment of the Madras High Court in the copyright infringement lawsuits filed by the copyright owners of ‘Dhammu’ & ‘3’ against 15 Internet Service Providers (ISPs). These are the lawsuits which led to the entire blocking of file-sharing websites on the suspicion that these websites were being used to distribute pirated copies of the newly released movies. Outraged internet users had responded to these orders by hacking the […]

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SpicyIP Tidbit: Prathiba Singh wins award for being the foremost female IP lawyer in the Asia region

We’ve recently been informed that seasoned IP litigator and founder of Singh & Singh, Ms. Prathiba Singh has been recognized as the foremost female IP lawyer by the Asia Women in Business Law Awards celebrated by the Euromoney Legal Media Group, which also publishes Managing IP. The entire list can be accessed over here. For those of your familiar with Prathiba Singh, you must know that she has participated in some of the most high-value IP litigation in the country

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Off-topic: Press Release Journalism by the Times of India in the ESG-Monsanto case

Image from here Earlier this year, on the 10 of May, 2010 one of India’ national newspapers, Hindu carried a first of its kind story alleging that its rival competitor and the largest selling English newspaper in the world, the Times of India was publishing advertisements for Monsanto’s Bt cotton crop as ‘news’ without informing its readers that the same was an advertisement – a phenomenon known as ‘paid news’ in India. I won’t get into the accuracy of Hindu’s

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SpicyIP Tidbit: ESG sues the Govt. of India & NBA for non-prosecution of Monsanto’s Indian subsidiary

Well, it finally happened. After crying itself hoarse for more than a year over the non-prosecution of Monsanto’s subsidiary Mahyco for alleged bio-piracy of biological resources related to Brinjal, the Bangalore based NGO – Environmental Support Group (ESG) has filed a Public Interest Litigation (PIL) before the Karnataka High Court. In this petition ESG has sued the National Biodiversity Authority, the Union of India, the Ministry of Environment & Forests, the State of Karnataka & the Karnataka State Biodiversity Board.

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Dangers of ex-parte interim injunctions, in full display, in patent litigation between Issar Pharmaceuticals and Ind-Swift

Image from here Time and again, we have on this blog highlighted the dangers of ex-parte interim injunctions in cases of pharmaceutical patent litigation. For its part the Delhi High Court has been relatively restrained in granting such ex-parte injunction in pharmaceutical patent litigation. However, there have been occasions on which some judges of the High Court do grant such orders, with little adherence to Supreme Court precedents on the point.  In the present case of Issar Pharmaceuticals v. Vinod

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A successful academic intervention before the Supreme Court in the Novartis – Glivec patent case

Image from here As the arguments in the now epic Novartis case draw to a close before the Supreme Court of India, I’m glad to report that the bench, consisting of Justice Alam & Justice Desai, gave Shamnad a patient and receptive hearing in his role, as an amicus curiae or ‘academic intervener’ in Supreme Court parlance. As our readers may remember, Shamnad had filed an intervention application before the Supreme Court last year in order to provide academic assistance

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Sugen-Cipla litigation lands before the Supreme Court – Headed for controversy?

Image from here As per reports in the ET and IE, the Supreme Court, acting on a petition by Cipla, has stayed the orders of the Delhi High Court which had stayed the Patent Office’s decision to revoke Sugen’s patent for Sunitinib.  As readers may remember, a Single Judge of the Delhi High Court had earlier temporarily restrained Cipla from releasing its generic version of Sunitinib, the decision of the Patent Office to revoke Sugen’s patent since Sugen had claimed that

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Estimating the number of Hepatitis patients treated by Roche’s Pegasus

As Shamnad had earlier blogged, Roche’s patent on Pegasus now stands revoked by the IPAB. As discussed by Shamnad, the Pegasus patent is interesting for a multitude of reasons: it was the first pharmaceutical product granted to Big Pharma in India, it was the first biological to get patent protection and most importantly, there is no generic manufacturer of Pegasus.  What I find more interesting is estimate of the patient population infected with Hepatitis C virus. As per media reports

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More puzzling questions about Sugen’s Sunitinib patent

Image from here Going through Sugen’s Sunitinib patent file, once again, I came across a few more irregularities. I’ve blogged about the previous irregularities over here and here. Normally, post 2005, after a patent application is filed before the India patent office it is published in the patent office journal after which any person can file a pre-grant opposition under Section 25(1) until such time that the patent was granted. After the publication, the patent is referred to an Examiner

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SpicyIP Tidbit: Probing further, Sugen’s title to the Sunitinib patent

Pursuant to my last post on Sugen’s title to the recently revoked Sunitinib patent, I received a comment telling me to ‘stop dragging this topic’ after I repeatedly questioned the logic of filing a blank Form 1 with the patent office. A puzzling comment since I was having a rather tame discussion with some of the other readers. Usually these kinds of comments are an indication that I’ve missed the main story.  So, I went back and checked the file

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