Drug Regulation Others

Part II: Seizure of Medicines In Transit #EU Law, TRIPS, Doha Declaration & GATT


In Part I, we discussed a WHO Discussion Document, along with broad issues at play, regarding seizures of in-transit medicines. Over the course of this post, we will be covering the following: I. The European Union (EU) Law on Seizure of Drugs In-Transit. II. TRIPS, Doha Declaration and the GATT. A thorough introduction to the issue can be found here. The EU Law on Seizure of Drugs In-Transit Understand the EU law is relevant as the majority of reported in-transit seizures…


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Drug Regulation Others

Part I: Seizure of Medicines In Transit #Broad Issues At Play


I write to bring to your notice a World Health Organization (WHO) “Discussion Document” (non-binding) that proposed “possible justifications for an intervention on the ground of public health” with respect to seizures of medicines in-transit. The same is a relevant concern because  transit countries have, in the past, seized drugs meant for other countries solely on account of the drugs violating the transit country’s patent regime.  After a series of seizures of in-transit drugs of Indian origin during the period…


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Trademark

Part II: The “ Sexy Barbie/Baby Girl” Controversy #Mattel #TM Dilution #Camera Hearing (DHC)


Since we have already discussed the issues concerning Mattel’s “in camera hearing” application, we will now be dealing with a more substantive issue i.e. the claim of TM Dilution. But first, the facts. BASIC FACTS (REPRODUCED FROM EARLIER POST) There exists a movie, released on 24th November, called “Tera Intezaar”. The movie wasn’t released at the time of the Order’s issue (22nd November). Said movie consists of a song called “Sexy Barbie Girl”, which was, as is common practice, released…


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Others Trademark

Part I: The “Sexy Barbie Girl” Controversy #Mattel #Camera Hearing #TM Dilution (DHC)


I write to report a recent DHC Order issued by J. Endlaw denying Mattel Inc. (the famed toymaker behind the Barbie doll) an ex-parte injunction Order restricting the release of the movie “Tera Intezaar” with the song “Barbie Girl”. Also, the Order rejected Mattel’s application for conducting proceedings under cameras, instead of public view. We will look into the Order’s analysis of the following concerns in sequence: Application for Hearing Under Camera (Part I). TM Infringement and Dilution of the Mark…


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Others

SpicyIP Weekly Review (November 19-25)


Arguing against the recent recognition of “Banglar Rasogolla” as a Geographical Indicator on account of being against both the letter and spirit of the GI Act, Sreyoshi discusses the following areas: i. The technical pit-falls (Nature of applicant, uniqueness of product to Bengal). ii. Possibility of the mark’s distinctiveness getting eroded. iii. Ulterior effects on traders. iv. Questions over the lack of opposition at the stage of examination. Next, Pankhuri brought to your notice that the Indian Journal of Law…


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Others

SpicyIP Weekly Review (October 22-28)


Thematic Highlight First up, Dr. Dierkes’s and Dr. Sharma, on the German grant of Compulsory License of “raltegavir“, lucidly compares the law between the German and Indian jurisprudence. Their discussion points were as follows: i. A brief introduction to CLs. ii. Events leading up to the German grant of the CL. iii. German Jurisprudence concerning interpretation of “public interest“. iv. Comparison of German CL Jurisprudence with India’s. Then, Prof. Basheer lamented media misreporting and the lack of nuance in media…


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Others

Reportage On SC’s Directions To Delhi HC In Re: Pendency


Over the course of this piece, I shall attempt to provide you with a brief overview of all the recent directions issued by the SC to tackle the issue of high pendency in the Delhi HC (DHC). We will be discussing 3 Orders: i. 31st July Order. ii. 16th August Order iii. 24th October Order. 31st July Order It all started when an SC Divisional bench, consisting of the refreshingly proactive Justices R. Gogoi & N. Sinha (Hereinafter, the “SC…


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Others

SpicyIP Weekly Review (September 24-30)


Thematic Highlight Harshavardhan came up with an entertaining post on the recent controversy surrounding the title of the Tamil film “Mersal“. The problem arose because another producer registered a variant of the title with the writer’s association, but the producer of “Mersal” trade marked it later. Using the interesting narrative technique of a drama, he brought some fishy facts to light. Even if the topic doesn’t interest you much, I would recommend this piece purely for the narrative style and…


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Innovation

India’s Performance in the Global Innovation Index 2017


INTRODUCTION In a couple of weeks, I shall be posting a detailed analysis of the methodology employed by the Global Innovation Index (GII) 2017 Report. But prior to that, I felt it would be beneficial to provide readers with a brief synopsis of India’s performance in the said report. Report is accessible here. Over the course of this post, I intend to cover the following: Basic Data Regarding The GII India’s Performance In Isolation India’s Performance in Comparison to the…


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Copyright Patent

Basic Case Law Series #1: Baker v. Selden


Introduction to Series This series (“Basic Case Law Series”) serves as a precursor to another series in the pipeline (“Essential Framework Series”), wherein I will attempt to provide readers with a framework for understanding Intellectual Property law. But before I can do that, I felt it would be beneficial to: A. Have a repository of case summaries (of significant cases) that I can refer to in broader posts. B. Provide readers with analyses of significant case laws that deal with…


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