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).

SpicyIP Tidbit: CGPDTM Releases a List of ‘Scientific Advisors’

/ By / Patent

The Controller General of Patents has released a list of ‘Scientific Advisors’ who can advise Courts on the scientific and technical aspects of patent litigation. Courts have the power to appoint such advisors under Section 115 of the Patents Act, 1970. The Controller General had published a notice inviting applications for these positions on 10 September, 2009. The notice and application for the same can be accessed over here and here. Applications were sought in four classes of advisors, with […]

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SpicyIP Tidbit: WSJ criticizes DCGI report on spurious drugs in India

/ By / Uncategorized

The Wall Street Journal in its Sept 3rd edition carried an article by Dr. Roger Bate criticizing an exhaustive report on spurious drugs in India that was prepared jointly by the office of the Drug Controller Of India and the Indian Statistical Institute (ISI). This report which can be accessed over here was released late last year and was one of the most comprehensive reports on the prevalence of spurious drugs in India. (Please click here to access a well

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Are communications with Indian ‘Patent Agents’ privileged under the Evidence Act, 1872?

/ By / Patent

‘Client-Attorney’ privilege is one of those sacrosant principles of the common law system which protects the communications between a client and his attorney from disclosure to a third party, regardless of whether the third party is a court of law. In the context of the common law system, ‘client-attorney’ privilege is a significant exception to the rule. The ‘rule’, as such, of the common law system, requires both parties to disclose all possible information to the court so as facilitate

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SpicyIP Tidbit: NPPA proposes controlling the price of cancer drugs

/ By / Uncategorized

Soon on the heels of the DIPP’s discussion paper on compulsory licensing, the Business Standard has reported that the National Pharmaceutical Pricing Authority (NPPA) is planning to regulate ‘prohibitively expensive oncology medication’. The BS reports that the NPPA is studying the Drug Price Control Order (DPCO) in order to figure out a way in which it can cover even cancer medication which until now has not been regulated by the DPCO. The NPPA’s efforts appear to be fuelled by concern

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Guest Post: Requiem for a Dream?

/ By / Innovation

Matthews George, our serial guest blogger from NUJS, has sent in this concise summary on an fantastic, albeit slightly dated Business World story on the state of research and development of new drugs in the Indian Pharmaceutical Industry. REQUIEM FOR A DREAM? by, Mathews George From the late 1990s right through mid-2000s, research on a series of drugs progressed successfully from preliminary experiments to phase I / phase II of clinical trials (tests on humans). But somewhere along the road,

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SpicyIP Guest Post: From “Hire” to “Commercial Rental” Scope, Inadequacies, Implications & Recommendations

/ By / Uncategorized

Sai Vinod Nayani, a third year student at the National University of Juridical Sciences, Kolkotta has sent us this very interesting guest post on the proposed amendment in the Copyright Amendment Bill, 2010 inserting the term ‘commercial rental’. From “Hire” to “Commercial Rental” Scope, Inadequacies, Implications & Recommendations by, Sai Vinod Nayani The Copyright (Amendment) Bill, 2010 proposes to replace the word “hire” with “commercial rental” in Sections 14(d)(ii), (e)(ii) and 37(3)(e) dealing with the meaning of copyright. The authors

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Conducting a ‘Due Diligence’ on an Indian Patent before it goes to Litigation

/ By / Patent

Given the fact that most patent litigation before High Courts is usually handled by lawyers who are normally not involved at the stage of patent prosecution, I thought it would be interesting to start of a discussion on how best to conduct a ‘due-diligence’ on a patent before taking the decision to take it to litigation. The contents of this post are absolutely basic and chances are that most practicing lawyers already know about it. Part of the contents of

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The Drama in the Definition of ‘Dramatic Works’

/ By / Copyright

Shreya Aren, a 4th year student at the National Law School of India University has sent in this excellent guest post on the definition of ‘dramatic works’ in the Copyright Act, 1957. Clearly blessed with a sharper vision than most of us, she points out to how the Supreme Court may have actually quoted the wrong definition of ‘dramatic works’ in one of its judgments. The Drama in the Definition of ‘Dramatic Works’ Shreya Aren The search for the correct

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Copyright Board Delivers Judgment in Mega-Compulsory Licensing Dispute; Fixes Royalty at 2%

/ By / Copyright

The long running compulsory licensing dispute between radio stations and copyright societies has finally concluded, with the Copyright Board fixing the royalty at “2% of net advertisement earnings of each FM radio station accruing from the radio business only for that radio station shall be set apart by each complainant for pro rata distribution of compensation to all music providers”. Para 25.13 of the Order states that the current published tariff of PPL is Rs. 2400 per needle hour or

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SpicyIP Tidbits: Minister of Health against increasing life of pharmaceutical patents

/ By / Uncategorized

The ToI in a news report a few days ago has reported that the Ghulam Nabi Azad, the Union Health Minister, has opposed any move to increase the patent period beyond the current twenty years. The ToI quoted him as saying: “We will in no way support the increasing of patent period of life saving drugs for over 20 years. The Health Minister made this comment in the context of a recent note circulated by the PMO requesting Ministerial views

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