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).

Biological Diversity

Patanjali’s Tryst with the Biological Diversity Act – Is It Liable to Pay for Using Biological Resources?


The Business Standard recently reported that Baba Ramdev’s firm Patanjali has run into trouble under the Biological Diversity Act, 2002 and is challenging demands from state biodiversity authorities that it share its revenues with farmers whose biological resources it uses. The report is behind a paywall and Business Standard’s subscription policy requires an automatic renewal being charged to credit cards because of which I refuse to subscribe to the service. Nevertheless, the headline gives enough information to discuss the mounting…


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Overlaps in IP Patent Plant Variety Protection

Delhi High Court’s Judgment in Monsanto v. Nuziveedu Delivers a Deadly Blow to the Agro-biotech Industry


A Division Bench of the Delhi High Court recently pronounced its judgment in the long running litigation between Monsanto and Nuziveedu. The present judgment was delivered in cross appeals filed by both parties against the order of a single judge of the Delhi High Court that was delivered last year. To describe the judgment briefly, the court has delivered a knock-out punch to Monsanto, by declaring invalid its patent for Bt. Technology because Section 3(j) of the Patents Act prohibited…


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Trademark

Guest Post: Ferrero Rocher v. Ruchi International: Another Merited but HUL-less Trademark Damages Award by the Delhi High Court


The damages jurisprudence of the Delhi High Court in IP cases has been a problematic area for several reasons that we have discussed on this blog. In this guest post, Eashan Ghosh takes apart a recent judgment of the Delhi High Court that awarded damages of Rs. 10 lakhs to Ferrero Rocher. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and also teaches a seminar on intellectual property law at National…


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Others

DIPP Invites Applications from Universities for Hosting Chairs on IP Law – Deadline is March 31, 2018


The DIPP has announced a new ‘Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA)’ inviting applications from all universities to host Chairs on IP law. The deadline for applications is March 31, 2018. This scheme replaces the earlier scheme run by the Ministry of HRD, which was called the Central Scheme of Intellectual Property Education, Research and Public Outreach. The earlier scheme was fairly successful in the field of IP education in the sense that…


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Drug Regulation

Finally, The Hindu Acknowledges the Clinical Trials Issues Regarding New TB Drugs but through Rose-tinted Glasses


The Hindu published yet another story in today’s edition on the issue of access to the new TB drugs like bedaquiline and delaminid. We’ve been tracking The Hindu’s coverage of this issue on the blog over here, here and here. Unlike the earlier reportage, The Hindu has finally acknowledged some of the issues that we have flagged relating to safety and efficacy of both drugs, given pending clinical trials. Today’s report notes that both drugs “are yet to pass large-scale…


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Patent

How Does Inclusion of Patented Drugs in a WHO EoI Make Them More Affordable?


Over the last week, The Hindu has been reporting on the issue of access to two new TB drugs called bedaquiline and delaminid. As Balaji and I have pointed out in our last two posts on SpicyIP, there are serious issues with both stories that The Hindu published on March 3, 2018 and March 4, 2018. A third story published in today’s edition of the paper, titled “WHO launches plan for cheaper TB drugs” is with regard to a recent…


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Drug Regulation

RTI Replies Reveal the Deal between Janssen and the Ministry of Health on Bedaquiline


Co-authored with Balaji Subramanian, 5th Year student NALSAR University of Law Subsequent to our previous post, we got a copy of some of the correspondence between Janssen and the Ministry of Health under the RTI Act. We were under the impression that our request for the information was transferred to the CDSCO which then disposed the application without giving us the requisite information. However, it appears that the application was transferred back to the Central TB Division, which processed the…


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Drug Regulation

Special Report: The Smoke & Mirrors Surrounding the Approval of Bedaquiline


Co-authored with Balaji Subramanian, 5th year student, NALSAR University of Law Prologue Last Sunday, The Hindu ran a piece on its front page alleging that  the government was not even considering the option of issuing compulsory licenses for a newly patented drug called bedaquiline, despite access to the drug being restricted to less than 1,000 patients. Bedaquiline, which is currently the most promising drug candidate to treat multi-drug resistant tuberculosis (MDR-TB) was developed and patented by Janssen and The Hindu…


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Copyright

Of Spicy Blogs and the Headline Skimmers


It appears that my last post on the repeal of the Copyright (Amendment) Act, 1999 and Copyright (Amendment) Act, 2012 really stirred the copyright pot. The outpouring of outrage against the content of the post and me, without even bothering to read the post is in keeping with the generally short attention spans of the internet audience. One of the editors of a new age digital news outlet recently shared with me the fact that the number of visits to…


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Copyright

Breaking News – Parliament Repeals the Copyright (Amendment) Act, 1999 and Copyright (Amendment) Act, 2012: What Effect Will It Have on the Copyright Act?


In a shocking piece of news, delivered to us by one of our former bloggers, Thomas Vallianeth, it appears that Parliament recently repealed the Copyright (Amendment), Act, 1999 and Copyright (Amendment) Act, 2012 when it enacted the Repealing and Amending (Second) Act, 2017 and which law received Presidential Assent on January 5th, 2018. The repeal of old legislation has been high on the Modi government’s agenda and since winning the elections in 2014 this government has been regularly repealing old…


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