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). He has recently been appointed as an Assistant Professor at NALSAR, Hyderabad, starting September 1, 2017.

Copyright Designs Overlaps in IP

The Delhi High Court Misses Another Opportunity to Rule on the New Section 52(1)(w) in Context of Engineering Drawings


In a recently delivered judgment, the Delhi High Court was once again faced with a plaintiff seeking an interim injunction restraining a defendant from manufacturing a product on the grounds that it was infringing the plaintiff’s copyright in its engineering drawings. The plaintiff Holland L.P. and its Indian partner, claimed to have invented “automatic twist locks” (ATL), to help secure containers on railcars. The system is used by the Indian Railways which put out a tender for procurement of the…


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Copyright Patent Trademark

Justice Bhat overruled Time Incorporated v. Lokesh Srivastava in 2014 (& we discovered it only in 2017)


At a conference held earlier this month in Bangalore (organised by Professors Yogesh Pai, Arul Scaria & T. Ramakrishna of NLU-D & NLSIU), I was surprised and delighted to learn that the infamous judgment in the case of Time Incorporated v. Lokesh Srivastava (2005) allowing for the grant of punitive damages in IP cases was overruled in 2014 by a Division Bench of the Delhi High Court led by Justice Ravindra Bhat. As judgments go, the Times Incorporated judgment was…


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Others Patent

Lessons from TRIPS as India negotiates the Regional Comprehensive Economic Partnership


Last week, 16 Asia-Pacific countries concluded yet another round of negotiations on the Regional Comprehensive Economic Partnership (RCEP). Billed as one of the biggest regional free trade agreements, RCEP is expected to bring together the ten countries that form ASEAN along with Australia, China, India, Japan, South Korea and New Zealand. These countries account for nearly 50% of the global population and 30% of global GDP. As expected, there were several protests in Hyderabad by NGOs and civil society although…


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Copyright

Guest Post: Is a film more than celluloid?


This post was edited once after it was initially published and it differs from the version emailed to the SpicyIP mailing list. In June, we had an interesting series of posts on the ‘physical copy’ doctrine regarding cinematograph films. Sreyoshi got the ball rolling with her post on the copyright infringement case against the producers of Raabta and this was followed by a post by Advocate Swaroop M. of the Madras High Court. We now have a third, very interesting…


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Patent Plant Variety Protection

NOC requirement for registering or releasing new plant varieties scrapped


As per a recent report in the Financial Express by Vivian Fernandes, the PPVFR Authority, constituted under the Protection of Plant Variety & Farmer’s Rights Act, 2001 has finally done away with a long-standing requirement of producing a ‘No-Objection-Certificate’ (NOC) from the patentee of a particular GM trait that is used by a breeder while developing a new plant variety and which variety he seeks to register under the PVPFRA. Since the interplay of these rights is slightly confusing, let…


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Copyright Others Patent Trademark

Madras Bar Association challenges the constitutionality of the Finance Act, 2017 and the new tribunal rules


As recently reported by Bar & Bench, the Madras Bar Association has filed a petition before the Madras High Court challenging the constitutionality of Sections 156 to 189 of the Finance Act, 2017 as also the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 that I had written about over here. A bench of the Madras High Court headed by Chief Justice Indira Banerjee has issued notice to the government asking it to…


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Copyright Others Patent Trademark

Government of India launches ‘Occupy the tribunals’ movement with new rules on appointments and removals of judges of the IPAB & 18 other tribunals


On June 1, 2017 the Department of Revenue, Ministry of Finance notified in the Gazette of India, the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017. These rules were notified under Section 184 of the Finance Act, 2017. It is usually the practice of the Central Government to publish a draft of statutory rules in the Gazette and invite comments from the public before notifying such rules into the law. However…


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Privacy

The Whatsapp Privacy PIL: Did Facebook shoot Whatsapp in its foot?


A few months ago, I had written about a judgment of the Delhi High Court dismissing a PIL filed against the change in Whatsapp privacy policy. As I had commented at this time, the PIL was absolutely frivolous and should have been dismissed. Yet, it is now being heard by a constitutional bench of the Supreme Court – a rare event these days. How did this PIL transform from being frivolous to ending up before a Constitutional Bench of 5…


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Patent

143 patent infringement lawsuits between 2005 and 2015: Only 5 judgments


Sometime ago, Aparajita and I embarked on an empirical study on the issue of Indian patent litigation. Although the paper was never written, Aparajita did dig out some very interesting statistics on the filing and pendency of patent infringement lawsuits before 5 High Courts at Bombay, Delhi, Madras, Calcutta and Gujarat for the period of 2005 to 2015 i.e. the first decade of TRIPS. As most of you may know compiling litigation data in India is quite the nightmare because…


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Patent Plant Variety Protection

Intervention by Addl. Solicitor General Tushar Mehta in Monsanto-Nuziveedu appeal raises questions of propriety


Vivian Fernandes of Smart Agriculture has brought to light a recent development in the ongoing litigation between Monsanto and Nuziveedu. As we reported earlier, Monsanto sued Nuziveedu for patent and trademark infringement before the Delhi High Court. A Single Judge of the high Court declined to grant an interim injunction and the matter was appealed to a Division Bench of the High Court. As per Fernandes, during the hearings, the Additional Solicitor General Tushar Mehta “wanted to make a voluminous…


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