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).

Bombay HC sends Bayer’s petition against NATCO’s CL to the Delhi HC

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In a surprise move the Bombay High Court, in an order dated 11th of November, 2011 has transferred Bayer’s writ petition, against the publication of Natco’s compulsory licensing application for Nexavar, to the Delhi High Court which is also hearing a patentinfringement suit filed by Bayer against Natco. As we had blogged earlier over here, Bayer had challenged the Controller’s decision to publish the CL application, on the grounds that it had not been given a hearing on the question […]

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Guest Post: Some thoughts on the DIPP discussion paper

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As our readers may remember the DIPP had recently released a discussion paper on reforming the organizational structure of the Patents & Trademarks office. The deadline for replying to this paper is the 30th of November. In the meanwhile, to get the debate rolling on this blog, we have for our readers this incisive guest post, from Mr. R. Parthasarathy, Senior Partner and Adarsh Ramanujan of Lakshmi Kumaran & Sridharan, on the issues raised by the DIPP in its discussion

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Pages from history: The mysterious legislative history of Section 3(d)

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Section 3(d) of the Patent Act, 1970, was one of the reasons that I fell into the rabbit-hole of Indian intellectual property law. I was always curious about the precise legislative history of the provision and hence I finally filed a RTI application with the DIPP for access to the official files pertaining to the amendments in 2005.  I must say that I’m quite surprised with the manner in which Section 3(d) came into being. Before I go into the

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Pages from history: Ambassador Sen’s contributions to the debate on India’s new patent law in the year 2005

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 Continuing from my earlier post on the letter written by the Indian Ambassador to Geneva, here are two more documents forwarded to the Prime Minister’s Office (PMO) and the Cabinet Secretariat by Mr. Ronen Sen, the then Indian Ambassador to the U.S. who is famous for his infamous comment on the ‘headless chickens’. Although both Ambassadors are members of the same elite cadre i.e. the Indian Foreign Service (IFS) they have offered diametrically opposing views on the nature of the

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Pages from history: The influence of the New York Times on Indian patent policy in 2005

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As a part of the ‘SpicyIP Open Government’ project, I recently picked up, under the RTI Act, some documents from the DIPP files on the internal deliberations of the Indian Government on the Patent (Amendment) Act, 2005. Before I continue any further I would like to publicly acknowledge the absolutely fantastic co-operation that I received from Ms. Chandni Raina, Director, DIPP and also the Central Public Information Officers along with Mr. Ram Chander, the IT Officer and Mr. Singh who

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A trademark application gets filed, examined & published within 72 hours at the Chennai Trademarks Registry: Super Efficiency OR Super Corruption?

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  Earlier this year, Sumathi had mentioned in passing that a certain trademark application bearing number 2000161 has been published in the trademark journal within a record three days of being filed with the trademark office. She had received this information through an email from one of readers. Those of you familiar with the Trade Mark Registry (TMR) must be aware that getting an application published can take anything between a few months to a few years but never has

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Guest Post: Desiboyz in copyright controversy

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We have another guest post for you from Tania Sarcar on the ‘Desiboyz’ title controversy.   DESIBOYZ IN COPYRIGHT CONTROVERSY by, Tania Sarcar Another movie to be engulfed in the battle of registration of titles is debutant director Rohit Dhawan’s movie Desiboyz starring Akshay Kumar, John Abharam and Deepika Padukone. The movie is slated to be released on Novermber 25th and the aggrieved person, pressing for legal action, is Latur-based scriptwriter and director Shyam Devkatte. Devkatte has claimed copyright over

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Delhi High Court bars the use of ‘Krishna’ as a trademark to market dairy products

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We have another guest post from Tania Sarcar, this time in relation to a judgment of the Delhi High Court on the use of ‘Krishna’ as a trademark to market dairy products. We had earlier carried a post on the judgment of the Single Judge in the same case. Delhi High Court bars the use of ‘Krishna’ to market dairy products by Tania Sarcar This post presents a brief note of a recent judgment by the Delhi High Court in

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An update on the PILs against the IPAB and the Copyright Board

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As we had reported earlier, the Division Bench of the Madras High Court had ordered the State Government and the Central Government to co-operate in relocating the IPAB to a new office with adequate space. The State Government came back with a proposal to relocate the IPAB at the TIDEL Park Building which had the required space. The proposed rent was pegged at about Rs. 15 lakhs per month. Apparently the Central Government found this to be too expensive and

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Roche files a total of ten law suits for infringement of its ‘erlotinib’ patent – IN 196774

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While Novartis was the first land mark case on Section 3(d), it was the Roche-Cipla tussle over Indian Patent No. 196774, which laid down the first judicial precedent for the grant of interim injunctions in the case of infringement of pharmaceutical patents. This infringement suit was filed in January, 2008 and Justice Bhat subsequently delivered orders on the interim injunction application within 2 months. The matter then went to trial, which is now complete and should hopefully be argued before

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