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).

Patent

More Advocates Challenge the Requirement of a Patent Agent Examination to Practice before the Patent Office


Since I wrote about Sanjay Gandhi’s recent petition before the Madras High Court where he sued the Controller General of Patents on the issue of advocates requiring to take the patent agent examination, I have received information regarding two more petitions on similar points before the Madras High Court and the Delhi High Court. The petition before the Madras High Court has been filed by Wing Commander (Retd.) T. R. Mohan. The gist of his petition as per a comment…


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Patent

A Wyeth Blooper Gives An Insight Into How Pharma Companies Calculate Sales Figures for Form 27s


As the Delhi High Court continues with the hearings over the Patent Office’s implementation of Section 146 of the Patents Act, we came across an interesting tidbit of information on how exactly pharmaceutical companies calculate the values disclosed in the Form 27s that are filed before the Patent Office. The background to this particular piece of information is a tip that we received from a reader regarding an erroneous Form 27 filed by Wyeth with regard to its patent IN…


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Copyright

Has IPRS Set the Stage for a Battle with Apple, YouTube, Reliance Jio, Airtel etc?


Last week, Gulveen Aulakh of the Economic Times broke the news that the recently re-registered copyright society Indian Performing Rights Society (IPRS) has written to Indian telecom companies and platforms such as Apple and YouTube, demanding that they pay up for the use of IPRS’s repertoire, either by way of streaming or downloads. The recipients of these notices reportedly also include Bharti Airtel, Vodafone India, Idea Cellular and Reliance Jio. Apparently, some of these telecos have told the ET that…


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Copyright

And Now, ISRA’s Sanjay Tandon Accuses Us at SpicyIP of Being in the Pockets of Big Music Companies


We received a comment a few days ago on one of my earlier posts, from Sanjay Tandon who claims to be CEO, Co-Founder, Managing Director etc. etc. of the Indian Singers Rights Association (ISRA). I reproduce the comment below: “As expected Spicy IP prefers to be hands in gloves with the Rich Music Companies and not with Artists… giving always a one-sided story… It was prompt to report this… but did not have the courtesy to report on the DISMISSAL…


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Copyright

Novex Muzzled by Bombay High Court in a Recent Threats Action by Gulraj Hotels


In a recent order, dated February 9, 2019; Justice S.J. Kathawalla has restrained Novex Communications from taking any coercive action against Gulraj Hotel which filed a threats action under Section 60 of the Copyright Act after receiving a legal notice from Novex. (COMIP (L) No. 163 of 2018). The plaintiff in this case was represented by a team from the law firm Wadia Ghandy consisting of Sameer Pandit, Ramesh Soni and Madhupreetha Elango and led by Senior Advocate Virendra Tulzapurkar….


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Patent

Advocates v. Patent Agents: A new case before the Madras High Court


The ToI recently reported that Madras based advocate Sanjay Gandhi has sued the Controller General of Patents before the Madras High on the grounds despite being “entitled to appear before the statutory body [Patent Office] and advance arguments in his capacity as a qualified advocate, he was disallowed from doing so.” Advocates qualified under the Advocates Act, 1961 have been claiming for some time that they are entitled to practice before the Patent Office without qualifying as a patent agent…


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Others

Justice Manmohan Singh Appointed as IPAB Chairperson under Potentially Illegal Tribunal Rules – Continues to Hold the Post of Chairperson of Appellate Tribunal for Forfeited Property


After more than a year of speculation, retired Delhi High Court judge, Justice Manmohan Singh has been appointed as the Chairperson of the IPAB, presumably under the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017. These rules which have been notified under the Finance Act, 2017 are under constitutional challenge before the Supreme Court for impinging on the independence of the judiciary. Even more strangely, the notification mentions that Justice Manmohan Singh…


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Copyright

IPRS Gets Re-registered as a Copyright Society – Akhtar & Saregama Bury the Hatchet


The Indian Performing Rights Society (IPRS) has at long last been re-registered as a copyright society, under the Copyright Act, by the Registrar of Copyrights. The re-registration took place on November 28, 2017. As our readers may be aware, IPRS has been ‘ground zero’ for the turmoil and conflict between the authors and the music labels over the control of copyright societies. Originally constituted in 1969, as a company limited by guarantee under the Companies Act, 1956 IPRS was first…


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Trademark

By Invitation: The Delhi High Court Declares Louboutin’s Red Sole As a ‘Well Known Trademark’


The Delhi High Court recently declared Christian Louboutin’s ‘Red sole’ a well known trademark. The decision is rather surprising and is going to once again raise questions about the Delhi High Court’s jurisprudence on well-known trademarks. We invited Eashan Ghosh to write a post for us on the issue. In his post, Eashan conducts a deep dive into the judgment delivered by the Delhi High Court in the ‘Red Sole’ case. He covers the court’s analysis of well known mark…


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Patent Trademark

RTIs reveal tardy record keeping practices at the IPO – no records of pending patent oppositions – 1,13,857 trademark oppositions pending + 5,533 rectifications


Over the last two years we have been subject to a relentless stream of press statements from the DIPP Joint-Secretary Rajiv Agarwal and Controller General O.P. Gupta, about how the backlog at the Patents Office and Trade Mark Registry has been massively reduced over the last few years. First, let us give credit where it is due – the DIPP and Patent Office finally managed to conduct large scale recruitment process of patent office examiners without any major scandal –…


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