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 ranks at number 8!!!!!

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Ladies, Gentlemen & Anonymous Commentators, I am thrilled to announce that SpicyIP has just had its “Slumdog” moment. Gene Quinn of IP Watchdog came out with a list of the top 26 patent blogs and guess what….. SpicyIP was ranked at number 8!!!! The list is based on the ranking from the leading blog search engine – Technorati.com. The Technorati ranking is based on how many blogs link back and obviously quite a few blogs are linking back to SpicyIP. […]

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Why the big fuss over the Dutch seizing Dr. Reddy’s patent infringing drugs during transit? India has done the same in the past

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The Mint recently reported that a consignment of generic drugs, manufactured by Dr. Reddy and headed for Brazil, has been seized during transit at a Dutch port, on the grounds of patent infringement. The consignment in question was of losartan, a drug, used to lower blood pressure. The patent for this drug in Netherlands is owned by Dupont. This is not the first instance where a consignment of Indian generic drugs has been seized in Europe during transit to a

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Global credit crisis leads to boom times for LPOs specializing in IP

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In adversity lies opportunity and no more so than in the fledgling Legal Process Outsourcing (LPO) industry. Peter Ollier from MIP has authored a brilliantly researched article on how, amongst other reasons, the gloomy economic scenario in the West is actively forcing American companies to cut legal costs, by outsourcing to the Indian LPO industry, tasks such as patent drafting, prior-art searches, due diligence and also litigation support in the form of document review. The article points out that outsourcing

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SpicyIP Questionnaire on Interim Injunctions: Is it time for change?

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I’ve been assisting Shamnad, for some weeks now, on a paper which attempts to examine the issue of interim injunctions in suits involving patent rights. The matter is of special importance in suits for patent infringement because patent rights are available for only a period of 20 years and since it would take Indian courts more than a couple of years to decide the case it is necessary that we have an effective mechanism for granting interim relief. However at

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Death of the ‘six year rule’ in Indian patent law jurisprudence

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The birth of the rule: In the 1965 case of Manicka Thevar v. Star Ploughs the Madras High Court laid down a rather doubtable proposition of law. In this case the plaintiff had requested the Court to grant it an interim injunction restraining the alleged infringer from infringing on his patent. While deciding the case the Court held that it would not grant an interim injunction in those cases where the patent was a recent one and where its validity

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The Delhi HC orders the Centre for Science and Environment to remove all HT Media content from its website

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The copyright dispute between the business daily The Mint and the Centre for Science and Environment (CSE) has finally snowballed into a full-blown legal battle with the Mint’s parent company Hindustan Times Media Ltd. managing to convince the Delhi High Court to pass an ex-parte order, ordering the CSE to remove all infringing content from its website – http://www.indiaenvironmentportal.org.in . A couple of months ago the Mint’s editor, in a hard-hitting post on his blog, had pointed out that the

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Madras HC sets aside Roche’s patent for Valganciclovir & Patent Office ordered to hear the pre-grant oppositions against Roche’s application

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The Madras High Court in a recent judgment, dated 2nd December, 2008 has set aside the grant of a patent to Roche, in relation to its drug Valganciclovir because in the Court’s opinion the Chennai Patent Office’s decision to not grant a hearing to the petitioners/pre-grant opponents, who in this case were The Indian Network for people living with HIV/AIDS and the Tamil Nadu Networking People with HIV/AIDS, was in violation of Section 25 of the Patent Act. The Court also ordered the re-hearing

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Feroz Ali Khader publishes his second book: The Touchstone Effect – The Impact of Pre-grant Opposition on Patents

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I’m happy to announce that Feroz Ali Khader, author of The Law of Patents – With a Special Focus on Pharmaceuticals in India, is releasing his second book today. Titled The Touchstone Effect – The Impact of Pre-grant Opposition on Patents and published by LexisNexis – Butterworths Wadhwa the book is priced at a very affordable Rs. 295 and can be ordered online at this link, with the publishers charging only one rupee as delivery charges. As with his previous

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SpicyIP Tidbits: WIPO rules in favour of re-seller’s right to use a trademark as a domain name

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In a significant ruling , in regards an internet domain name dispute under the UDRP, the WIPO Arbitration Panel held that even an unauthorized re-seller had the right to use the manufacturer’s trademark, not owned by the re-seller, as a domain name, provided that the re-seller in question had a legitimate business interest. In an earlier 2001 case of Okhri Americas the Panel had ruled similarly but with respect to the rights of an authorized re-seller.  The facts of this case are

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IPAB begins the hearings over the ‘Glivec’ pre-grant rejection

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The special IPAB bench has commenced hearing Novartis’s appeal against the decision of the Asst. Controller of Patents rejecting its patent application for the beta-crystalline form of Imatinib Mesylate, popularly known as ‘Glivec’, during a pre-grant patent opposition proceedings initiated by the the Cancer Patient Aid Association (CPAA) and Natco amongst other parties. For a detailed explanation of the facts as also the Section 3(d) issues, please feel free to download this paper co-authored by Shamnad and me and which

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