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).

1,2,3,4: The 123 Indo-U.S. Civil Nuclear deal and Section 4 of the Patent Act

The current UPA government had recently staked it survival on the Indo-U.S. Civil Nuclear 123 Agreement. As of now since India is not a signatory to the NPT it is an untouchable in the world of nuclear commerce. However with this new agreement India hopes to end this period of nuclear apartheid by obtaining a waiver from the Nuclear Suppliers Group. Once Indian doors are open for nuclear commerce it is estimated that India will be importing billions of dollar […]

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The dispute over the ‘Tiger’ trademark continues………….

Last September SpicyIP had reported on how the Wadia Group was preparing to initiate arbitration proceedings against its JV partner – Danone – for the violation of Britannia famous ‘Tiger’ trademark. Danone and the Wadia group jointly own stake in the Associated Biscuits International Holdings (ABIH). ABIH is a holding company which owns a 51 % stake in Britannia. The Wadia Group had alleged that Danone had gone ahead to register the trademark in around 70 countries without the permission

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SpicyIP Tidbit: Trends in Indian patent litigation

A Supreme Court judge, Justice Altamas Kabir at the inauguration of the Judges’ Round Table on Intellectual Property Rights Adjudication organised by the Tamil Nadu State Judicial Academy and Federation of Indian Chambers of Commerce and Industry (FICCI) was quoted as saying “Intellectual Property rights is not a new concept, its age old one but still there is not much awareness among advocates and common public”. It is indeed refreshing to hear a Supreme Court judge admit that the concept

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Copyright societies dealt a severe blow by the Delhi High Court

The Delhi High Court has recently passed judgment in the case of M/s Phonographic Performance Ltd. v. M/s Hotel Gold Regency & Othrs (MANU/DE/0942/2008) making life supremely complicated for both copyright owners and copyright societies alike. As most of our readers must already know copyright societies in their capacity as licensees usually institute copyright infringement suits in their names on behalf of all their members who are the actual copyright owners. This judgment however put an end to this practice

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Rescuing celebrity domain names

A couple of months ago Kapil Dev, at the inauguration of the .Asia domain name, was quoted as saying as “Yes, I lost out on securing KapilDev.com and KapilDev.in for myself”. We were quite outraged by this sorry state of affairs and decided to explore the legal options available to this ace cricketer. Before actually going into the law we randomly investigated the ownership of a couple of celebrity websites such as http://www.amitabhbachchan.net, http://www.vluvshahrukh.com & http://www.diyamirza.org. All three sites have

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SpicyIP Tidbit: The National Biotechnology Regulatory Authority Bill

The Department of Biotechnology, Ministry of Science & Technology, Government of India has finally announced a draft National Biotechnology Regulatory Authority Bill (NBRA). Unfortunately the link to the draft Bill on the website of the DBT is not working currently. The NBRA has been in offing for the last 5 years i.e. ever since the government had constituted the Taskforce on Application of Agricultural Biotechnology under the chairmanship of Dr. M.S.Swaminathan. The report had urged the government to setup an

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The Draft Manual of the Patent Office & Software Patents

The Business Standard recently carried a story on software patents or to be more specific the response by some companies to the question of software patents as deal with by the Patent Office’s Draft Manual on Patent Practice and Procedure which was released earlier this year for comments and suggestions. (The comments received from various stake holders has been posted by the Patent Office on its website and can be accessed here) Legality of the Draft Manual released by the

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SpicyIP Tidbit: ‘Outlook’ carries a story on the proposed Indian Bayh Dole Bill

The Outlook a leading weekly news magazine has recently carried a story on SpicyIP’s pet subject – the Public Funded R&D Projects (Protection of Intellectual Property) Bill also known as the Bayh Dole Act of India. As our readers must already be aware several media outlets had already picked up this story from SpicyIP and several of these reports have agreed with SpicyIP’s contention that the Bill is being introduced without enough consultation and debate. The Bill essentially allows universities

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‘Onida’ – A Brother’s Envy Owner’s Pride

The ET in an extremely detailed news item reports that the ‘Onida’ trademark may soon be the subject of an interesting legal battle between the Mirchandani brothers – Sonu Mirchandani & Gulu Mirchandani. Gulu had recently bought out Sonu’s holding in their company – Mirc Electronics – however Sonu is planning to launch a range of electronic products under the ‘Onida’ brand and through a company – Onida International in which Sonu has an 80% stake. Usually such buyouts involve

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SpicyIP Tidbit: The Ranbaxy-Daiichi deal – An ‘Ardhanarishwar’ business model?

Over the last couple of weeks we’ve blogged about the Ranbaxy-Daiichi deal a couple of times. Here’s another news item by Jyothi Datta. Of particular interest to us was the concluding section of the report where she very rightly point outs that the Ranbaxy-Daiichi deal represents a new hybrid model in the pharmaceutical industry where innovator companies such as Novartis are diversifying into generic drug market through subsidiaries companies such as Sanofis. In this respect she quotes Shamnad who ever

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