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

Harmonizing the interpretation of ‘efficacy’ in Section 3(d) with Article 27 of TRIPs


As most of our readers may know Novartis has filed an appeal against the decision of the IPAB in the Glivec case. The decision of the IPAB is troublesome for several reasons which have already been listed out by Shamnad in one of his previous posts. One of the principle questions of law before the SC in this appeal is going to be the interpretation of the term ‘Efficacy’ in Section 3(d). The addition of this term in Section 3(d)…


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Patent

Contd…Delhi High Court rules on Section 47: Provides the Indian Railways a carte blanche to bust patents


Continuing from the last post on Justice Murlidhar’s Order, this post will attempt to understand the Delhi High Court’s interpretation of Section 47 of the Patents Act. As already explained in the earlier post one of the primary arguments of the Defendants was that Defendants 2,3 & 4 were manufacturing the infringing product on behalf of Defendant No. 1 (The Ministry of Railways) who had supplied the drawings of the product. Defendants Arguments: It was argued by the Defendants that…


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Patent

Delhi High Court rules on Section 8 and 47 of the Patents Act: Lack of disclosure under S.8 = No interim injunction


Thanks to Sumathi’s wizadry over Google we have for your viewing pleasure yet another Order authored by Justice Murlidhar on two very crucial provisions of the Patents Act – Section 8 & Section 47 (In this post I’ll cover only the Section 8 aspect, the Section 47 aspect will be covered in a subsequent post – for now let it suffice to say that the patentee lost the case on both sections).The Judgment can be accessed here at the website…


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Copyright

Amending the Copyright Act to provide Justice for All….


Outlook in its last week edition carried a heart-rendering article on how so many Indian music composers and lyricists are living in near penury despite having several hits to their credit. The ultimate irony, as pointed out by the article, is the fact that these composers and lyricists have to take permission from the music companies to perform their own music. The reason for this sorry state of affairs is simple, most music companies insist that the artists ‘assign’ all…


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Glenmark Pharmaceuticals & Suven Life Sciences: The new face of the innovating ‘Indian’ pharma industry?


The last few years have been a period of uneasy courtship between the Indian and foreign pharmaceutical industries. In this period we’ve witnessed some mega acquisitions, rumours of mega acquisitions and rumours of wannabe mega acquisitions. The driving force behind all these acquisitions, rumoured or actual, is the desperate need for innovator MNCs to generate additional revenues by tapping the ever-increasing market for generics. This ‘Ardhanarishwar’ business model has been covered by SpicyIP over here. This is not to say…


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SpicyIP Teasip: Darjeeling Tea almost a G.I. in the E.U.


After a wait for almost two years, Darjeeling Tea, is now on the verge of being granted the status of a Geographical Indication by the European Union. The EU is currently inviting public comments. This is a significant step as this is potentially the final step before Darjeeling Tea is deemed to be a G.I. by the E.U. ‘Darjeeling Tea’ has already been granted a G.I. status by a few individual member-states such as the United Kingdom and Germany. However…


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Trademark

SpicyIP Tidbit: Madras High Court vacates ex-parte interim injunction against Google’s ad-word program


In an interesting development in the Google Adwords dispute Medianama has reported that the Madras High Court has vacated its earlier ex-parte ad-interim injunction restraining Google from infringing Consim’s trademark. The ex-parte Order against Google had been passed in late September and had ordered Google to stop using the Consim trademark in either its Keyword suggestion tool or the Adwords program. We had posted on this issue earlier over here. Another website has quoted Google’s lawyer – Mr. Poovayya –…


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Patent

SpicyIP Tidbit: India, Brazil to file WTO complaint against the E.U over ‘seizures’ of pharma drug consignments


The Mint and the BS both recently reported that India has prepared a legal brief to challenge the ‘seizures’ of Indian drug consignments by the Customs Department in Netherlands. In pertinent part both reports have quoted a commerce official as stating that “India has compiled a legal brief to challenge the ad hoc decision taken by the Netherlands at the WTO. We have consulted Brazil on the matter and they will join in with us. Both will file the complaint…


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Copyright

SpicyIP Tidbits: The End of ‘End User License Agreements’?


In a very recent judgement a U.S. District Court has ruled that the purchase of Autocad software from Autodesk under an End-User Licence Agreement (EULA) was not a licence but a sale. As a result the Court held that that a person who purchased the Autocad software could re-sell the same to another party and that Autodesk could not stop such a sale since it had exhausted it rights under the first sale doctrine. (Image from here) The facts of…


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Trademark

ICANN renders ‘domain tasting’ unpalatable


The Hindu recently carried an extremely interesting article by T. Ramachandran on how ICANN has made the practice of ‘domain tasting’ unpalatable for those who were abusing it. As most of you may know ‘domain tasting’ refers to the practice of whereby a person or company registering a domain name is allowed an ‘Additional Grace Period’ (AGP) during which he can judge the traffic towards the domain name. If the person is not satisfied with the domain name he can…


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