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).

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


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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Copyright

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


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


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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Patent

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


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


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


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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Copyright

Both Hindi cinema and theatre are accused of copyright infringement by relatives of dead authors


The latest Bollywood blockbuster – Golmaal Returns – has been accused of infringing the copyright of a 1973 Hindi movie – Aaj Ki Taaza Khabar. The allegations have been raised by the widow of the director-producer Rajendra Bhatia. She has allegedly filed a complaint against the producers Golmaal Returns with the Indian Motions Pictures Producer’s Association. The director of Golmaal Returns has rubbished the claims and has pointed out to his track record of securing all the necessary permissions for…


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Trademark

SpicyIP Tidbits: ‘Maaza’ dispute ends up in the Delhi High Court


The dispute between Bisleri and Coca-Cola over the ‘Maaza’ trademark has finally landed itself in the Delhi High Court. The ET reports that The Coca-Cola Company secured in its favour “an interim injunction restraining Bisleri International from using the Maaza trademark in India. The matter is to come up for further hearing on March 2, 2009.”  Sumathi and I had  covered the ‘Maaza’ dispute in two earlier posts which you can read over here and here. Initially  in the month…


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Copyright

Revisiting the CSE-Mint copyright controversy


In my last post on the CSE-Mint controversy, I had confidently claimed, that the answer to whether CSE could claim a ‘fair-dealing’ defense, was a ‘resounding no’. However a fine piece of legal analysis from the OriginalFake blog has forced me to recant the ‘resounding no’ and instead replace it with a timid ‘maybe’.  OriginalFake is a blog founded by Mr. Prashant Iyengar of the Alternative Law Forum and it deals with the “politics of IP, Technology and Culture in India”. …


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100,000 Hits and Counting….


I’m happy to inform our readers that earlier this week SpicyIP notched up over 100,000 hits since September, 2007. Our subscriber base has also increased to over 850 members. Although its not as significant as Obama winning the U.S. Presidency, I must say that these are heartening numbers especially for a blog dedicated to only Indian IP laws. Given that the popularity of blogs such as SpicyIP is dependant on word-of-mouth reviews, I would like to thank our dedicated readers…


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