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).

Guest Post: Delhi High Court over-turns IPAB order – grants T-Series trademark registration

/ By / Trademark

Avni Chari, one of our regular guest bloggers, has sent us this interesting post, analyzing the recent Delhi High Court decision over-turning the IPAB’s decision in the case of T-Series v. TELCO. While T-series was led by Amit Sibal, TELCO was represented by Mr. Mahabir. The judgment of the Delhi High Court can be accessed over here. Delhi High Court Grants Registration for T-SERIES Avni S. ChariThe High Court of Delhi overturned the decision of the Intellectual Property Appellate Board […]

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SpicyIP Tidbit: Patent Office announces the results of the Patent Agent Examination

/ By / Uncategorized

The Patent Office has announced the results of the Patent Agent examination today. The results are available on the website of the Patent Office over here. Individual lists for each city have also been released – Delhi, Mumbai, Chennai and Kolkotta. The overall pass percentage for the exam is down to, roughly 18,% a substantial decline from the previous years. The decline in the pass percentage is, most likely, reflective of a much more rigorous examination process initiated by the

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Parliament Misses Opportunity to Discuss ‘Data Exclusivity’ for Agro-Chemicals

/ By / Data Exclusivity

The ET and the FT have both recently reported that Parliament was scheduled to debate the question of data exclusivity for agro-chemicals (The Pesticides Management Bill, 2008) in the last week of the Budget Session which ended yesterday. A perusal of the website of the Rajya Sabha indicates that the Pesticides Management Bill, 2008, was never taken up for debate on the specified dates A. Data exclusivity for the agro-chemical industry – A brief history (i) The Inter-Ministerial Committee on

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Delhi HC rules in favour of Havells India – finds Asian Electronic’s patent to be anticipated and lacking in an inventive step

/ By / Uncategorized

The Delhi High Court in a crisp, well reasoned, 13 page Order dated 19th April, 2010, has dismissed an interim injunction application in a patent infringement suit filed by Asian Electronics Ltd. v. Havells India Ltd. The patent at suit is unfortunately not available on the IPIRS system. Both Asian Electronics and Havells India are big players in the Indian electronic markets. While Asian Electronics was led by Mr. Gaurav Barathi, who is also counsel for NATCO in its patent

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New blogger – Amlan Mohanty – joins us at SpicyIP

/ By / Uncategorized

The SpicyIP Team is proud to welcome Amlan Mohanty as the newest member to our blogging team. Amlan is a second year student of the B.A.LLB (Hons.) program at the National Law School of India University, Bangalore and has already written some fantastic guest posts for us. His main focus will be on the law of copyright and I can assure you that he will churning out a rather ‘spicy’ analysis of the Copyright Amendment Bill, 2010 in the coming

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SpicyIP Tidbits: Cipla serves legal notice on GWU; demands a written apology for events in relation to the GWU-CII Summit

/ By / Uncategorized

The Business Standard and the Economic Times have both reported that Cipla, one of India’s biggest pharmaceutical companies, has served a legal notice on the George Washington University (GWU) for allegedly allowing the GWU-CII summit to be used by Gilead to make representations, that were aimed at influencing sub-judice patent litigation pertaining to Tenofovir, the patent application of which was rejected by the Patent Office following a sucessfull opposition by Cipla. The appeal against the decision of the Patent Office

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Guest Post: An Appeal by Indian Civil Society to the U.S. President

/ By / Uncategorized

Indian civil society organizations have sent an open letter to President Obama, informing him of the USPTO’s and U.S. Embassy’s attempts in influencing the course of the debate on Indian patent law. This letter follows another letter sent by these civil society organizations to the Minister of Commerce, objecting to the GWU-CII seminars and which we have blogged about here. Avni Chari, a student of NALSAR, who has previously blogged for us, has sent us this concise summary on the

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Guest Post: Exhaustion and Copyright Law – A look at the Copyright Amendment Bill, 2010

/ By / Copyright

One of our regular commentators – Ms. Sneha Jain – a student of ILS, Pune has sent us this excellent guest post on the implications of the Copyright Amendment Bill, 2010 for parallel imports of copyrighted works. She has further nuanced her post by linking the discussion to the proposed definition of ‘commercial rentals’ in the pending Bill. For those of you interested in the concept of parallel imports, this post is a must read. Exhaustion and Copyright Law by

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Article 300A of the Constitution: A constitutional right to ‘data exclusivity’?

/ By / Data Exclusivity

A. Introduction: Over the last few weeks there have been an increasing number of media reports on the Free Trade Agreement (FTA) that is being negotiated by the governments of the European Union and India. While there are several hurdles that are yet to be cleared before the signing of this Treaty that is expected to bring huge trade benefits to both countries, the focus in the recent past seems to be on the IP-related provisions that are allegedly going

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‘Working’ a Patent under the Indian Patent Act, 1970 – Does importation of a patented invention count?

/ By / Uncategorized

In early January this year Sai had carried a post on a public notice issued by the Patent Office, under Section 146 of the Patents Act, requesting all patentees to furnish statements, by 31st of March, 2010, in the format prescribed by Form 27 on how their patents were being worked in India. Form 27 is available on the Patent Office website over here and requires the patentee to furnish the following information: (i)Is the patent being worked in India?(ii)If

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